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DISEASES PREVENTION ACTS, 

1848 & 1849, 

(11 1 12 VICT. Cap. 188 j 18 & 13 VICT. Cap. 111.) 



WITH 



U> 



CONTAINING 

THE DIRECTIONS AND REGULATIONS OF THE GENERAL , 

BOARD OF HEALTH, 

WITH 



THIRD EDITION. 



By WILLIAM CUNNINGHAM GLEN, Esq., 

BARRISTER-AT-LAW. 



SHAW & SONS, FETTER LANE, 

PRINTERS AND PUBLISHERS OP THE BOOKS AND PORKS OP THE 
GENERAL BOARD OP HEALTH. 



1849. 



LONDON: 
Printed by Shaw and Sons, 136, 137, & 138, Fetter Lane. 




♦4.4- 1900 



tenets' 



PREFACE 

TO THE 

THIRD EDITION. 



Having edited two large editions of the Nuisances 
Removal and Diseases Prevention Act, 1848, I have 
been requested by the publishers to edit the Act of the 
last session of parliament, amending that Act. 

As the Work is required for the use of the authorities 
and public officers charged with the duty of effecting 
the removal of nuisances injurious to public health, I 
have thought it would prove more acceptable to those 
authorities and officers if placed in their hands unen- 
cumbered with any lengthened preface. 

I have only to draw attention to the increased powers 
given to the General Board of Health, and public 
bodies charged with the duty of taking proceedings for 
the removal of nuisances injurious to health, and the 
enforcement of the directions and regulations of the 
General Board; and to the provisions which relate to the 
closing of burial grounds, and the burial of the dead in 



PREFACE. 

places not brought under the operation of the Public 
Health Act, which have been engrafted upon this Act. 

The period of six months, for which the provisions of 
the Nuisances Removal and Diseases Prevention Act, 
1848, in respect to the prevention of epidemic, endemic, 
and contagious diseases, was first put in force through- 
out the whole of Great Britain, having expired, her 
Majesty's most honourable privy council, by an order 
in council dated the 27th March, 1849, put the provi- 
sions of the Act in force for a further period of six 
months from that date; and as doubts existed whether 
the directions and regulations issued by the General 
Board of Health in November, 1848, continued in force 
after the expiration of the six months, the General 
Board of Health, by two orders, dated respectively the 
4th of April, 1849, renewed the directions and regula- 
tions which they first issued. 

I refer to my notes on the various sections in eluci- 
dation of the amended Act. 

W. C. G. 



Essex Court, Tbmplb, 
August, 1849. 



ADVERTISEMENT 

TO THE 

SECOND EDITION. 



In less than three weeks upwards of a thousand copies 
of this Work have been sold, and having been called 
upon by the publishers to prepare a Second Edition of 
it for the press, I have added to my former notes on 
the various sections such further observations as my 
experience of the working of this useful statute 
suggested to me. I have also, by way of appendix, 
inserted the whole of the official documents issued by 
the General Board of Health and the Poor Law 
Board with reference to the provisions of the Act, and 
the prevention and mitigation of cholera. 

I trust that the Second Edition of this Work will 
merit the extensive support which the first has 
obtained. 

W. C. G. 



a 2 



PREFACE. 



The Nuisances Removal and Diseases Prevention 
Act, 1848, and the Public Health Act, 1848, are the 
matured fruits of a lengthened and controversial exa- 
mination into the sanitary condition of the principal 
cities and towns of Great Britain, and the dwellings 
of the labouring classes generally throughout the 
country. In the year 1838, the Poor Law Commis- 
sioners, in a report to the principal Secretary of State 
for the Home Department, called attention to the 
serious charge the community were put to when 
labourers are suddenly thrown by infectious diseases 
into a state of destitution and dependence upon the 
parochial and union authorities; and suggested that, 
inasmuch as such diseases frequently proceeded from 
private nuisances, injurious to the public health, and 
produced burdens often so great as to render it good 
economy on the part of the administrators of the poor 
laws to incur charges for preventing evils of the 
nature adverted to, where they are ascribable to phy- 
sical causes, the local authorities should be invested 
with power to indict parties responsible for the 
nuisance, and to make arrangements with the owners 
of property, or take other measures according to cir- 
cumstances, for ijke removal of the causes of disease 

aQ 



VI PREFACE. 

in cases where there is no ostensible party who could 
be required to perform the duty. With the view of 
carrying into effect the suggestions of the Commis- 
sioners, it was enacted, as regards the metropolis, by 
the New Police Act, 2 & 3 Vict. c. 71, s. 41,— 

That if the guardians of the poor of any union or parish, 

Or the churchwardens and overseers of the poor of any 
parish within the metropolitan police district, 

Together with the medical officer for any such parish or 
union, 

Shall be of opinion, and shall certify, under the hands of. 
two or more of them and also of the medical officer, 

That any house, or part of any house, within the union 
or parish, is in such filthy and unwholesome condition 
that the health of the inmates or of the public is thereby 
affected or endangered ; 

Any magistrate, acting within the district in Which the 
union or parish is situate, if he shall think fit, may 
cause notice to be affixed on the door or other con- 
spicuous part of such house, requiring the occupier or 
occupiers thereof, to appear before him to answer such 
complaint, 

Or to cause the same to be cleansed within seven days 
of the date of affixing such notice ; 

And that if within seven days such house shall not be 
cleansed to the satisfaction of the medical officer, 

And if the occupier or occupiers being duly summoned 
shall not appear before the magistrate, and show suffi- 
cient cause to the contrary, 

Such magistrate shall, on proof thereof, issue an order 
under Lis hand and seal, to the guardians of the poor, 
or the churchwardens and overseers, to cause such 
house to be cleansed at the expense of the occupier or 
occupiers, 

And to cause the expense thereby incurred to be levied, 
in case of non-payment, by distress and sale of the 
goods and chattels of the occupier or occupiers. 

But as no authority was thereby given to the guar- 
dians or parish officers to charge any expenses incurred 



PREFACE. VU 

by them in cleansing houses on the poor rates, and as 
the authorities Were not empowered to recover from the 
owners such costs as could not be recovered from the 
occupiers of the premises, this provision) though at first 
it may have operated to some extent beneficially, in a 
short time fell into desuetude. 

. Meantime, by dint of agitation carried on by govern 
ment commissions, local associations and committees, 
private individuals, and the newspaper press, the 
question of sanitary reform became one of the popular 
movements of the day. It was not, however, until the 
year 1846 that a renewed attempt to provide for the 
more speedy removal of private nuisances injurious to 
public health, not only in the metropolis but also 
throughout Great Britain and Ireland, was made. In 
that year the leaders in the sanitary movement, taking 
advantage of the excitement occasioned by the appre- 
hended approach of Asiatic cholera, procured the 
9 & 10 Vict. c. 96, to be passed. That Act enabled the 
local authorities to take steps for the removal of any 
nuisance injurious to health, and to cleanse houses in 
a filthy state, and it also empowered the privy council 
to make such rules and regulations as might appear j 
expedient for the prevention, as far as possible, of 
contagious and epidemic diseases, for the relief of 
persons suffering under them, and for the safe and 
speedy interment of any person who may die of any 
such diseases. But as its operation was limited to 
the 31st August, 1847, and to the end of the then 
next session of parliament, and as public opinion was 
strongly in favour of the utility of the new provisions 



VU1 PREFACE. 

of the law in this respect, it became necessary before 
the terminatioti of the session to bring- forward a 
measure of a permanent nature, and in so doing ad- 
vantage has been taken of the experience gained in 
the practical working of the former Act, and such 
amendments and modifications have been made in the 
new Act, 11 & 12 Vict, a' 128, as experience had 
shown to be necessary. In consequence of the estab* 
lishment of the general board of health, under the 
Public Health Act, 1848, several provisions are in- 
serted in the present Act which were not in the former, 
and the opportunity has been taken to make an im- 
provement to the General Highway Acts, in regard to 
the cleansing of ditches adjoining highways. It is 
also to be noticed, as respects the provisions of the 
Act relative to the Prevention of Epidemic Diseases 
that the power to issue directions and regulations for 
the prevention or mitigation of the diseases intended 
to be provided against is transferred from the privy 
council to the general board of health, and that a 
medical man may be appointed, during the continuance 
of any order of council directing the provisions of the 
Act to be put in force, as an additional member of the 
general board of health, for the purposes of the Act. 

For such observations as the various sections of the 
Act seemed to call for, the reader is referred to the 
notes. 

. W.C.G. 

Essex Court, Middle Temple, 
October, 1848. 



CONTENTS. 



STATUTE 11 & 12 VICTORIA, Cap. 123. 

An Act to renew and amend an Act of the 10* A Year of Her 
present Majesty, for the more speedy removal of certain 
Nuisances, and the prevention of contagious and epidemic 
Diseases. 

Sect. 1. In England and Ireland certain public bodies, upon 
receipt of notice of the filthy condition of any 
building, or of the existence of nuisances, to cause 
examination of premises to be made, page 1. 

If upon examination, or a medical certificate, it appear 
thai the nuisance, &c. exists, complaint to be made 
to a justice, who shall summon the owner or occu- 
pier, p. 7. 

Service of summons, p. 8. 

Justices, upon proof, &c. to order premises to be white- 
washed, or the nuisance to be removed, p. 9. 

Service of order, p. 9. 

If order be not complied with, the owner or occupier to 
be liable to penalties, and public body to enter the 
premises, and do the works ordered, or remove the 
nuisance, p. 9. 

Sung, manure, &c. removed, may be destroyed or sold, 
p. 10. 

Sbct. 2. In Scotland certain public officers, upon receipt of notice 
of the filthy condition of any building, or of the ex- 
istence of nuisances, to cause examination of pre- 
mises to be made, p. 11. 

If upon examination or a medical certificate it appear 
that the nuisance exists, complaint may be made 
before the sheriff or a justice, who shall order the 
owner or occupier to appear and answer complaint, 
li.ld. 

Service of order to appear to answer complaint, p. 14. 



x Contents. 

Sheriff or justices to order whitewashing, or removal 

of nuisance, p* 14. 
Service of order, p. 14. 
If order be not complied with, owner or occupier to be 

liable to penalties, and the public officers to enter 

premises, and do the works ordered, or remove the 

nuisance, p. 15. 

Sbct. 3. Recovery of costs, &c. from owner or occupier of the 
premises in county court, &c. p. 15. 

Recovery of costs before justices, p. 16. 

Issue of summons to owner or occupier to appear before 
justices, &c. p. 17. 

Hearing of summons, p. 17. 

Costs, if not paid, may be levied by warrant of dis- 
tress, p. 18. 

If sufficient distress be not found within jurisdiction of 
justices, costs may be levied on goods and chattels 
wherever found, p. 18. 

Sbct. 4. Certain expenses to be defrayed out of poor's rates, &c. 

p. 19. 
Recovery of costs in parishes in Scotland where there 

is no assessment for relief of the poor, p. 20. 
Costs, if not paid, may be levied by distress and sale of 

goods and chattels of the persons in default, p. 20. 

Sect. 5. Act not to apply to districts and places in which the 
Public Health Act is in force, p. 21. 
Jurisdiction of commissioners of sewers not to be im- 
paired, p. 21. 

Sbct. 6. Recital of the provisions of 5 & 6 Will. 4, c. 50, and 

8&9Vict.c. 41, p. 21. 
Surveyor of highways required to cleanse open ditches 

adjoining highways, &c. p. 22. 
Application of proceeds of sale of sewage, &c. p. 23. 
Provisions hereinbefore contained to be deemed part of 

Highway Acts, p, 23. 

Sect. 7. Drainage into open ditches from new houses a misde- 
meanor, &c. p. 23. 

Sbct. 8. Notice to be given to general board 'of health, and in 
Ireland to commissioners of health, of intention to 
build or open hospitals, p. 24. 



Contents. xi 

SiSCTV 9. .Privy council to issue orders for patting in force the 
provisions of Act relative to the prevention of epi- 
demic diseases, &c. p. 25. 

Sect. 10. After order by privy council, general board of health 
may issue directions and regulations for the preven- 
tion of epidemic, &c. diseases, p. 26. 

And provide for the cleansing of streets, houses, <fcc. 
removal of nuisances, and interment of the dead, 
j>.27. 

Guardians of the poor to superintend and see to 
execution of directions of general board of health, 
p. 33. 

Places to which directions and regulations of general 
board of health shall extend, p. 35. 

Proviso in case there should be no commissioners of 
health in Ireland, p. 38. 

Sect. 11. One medical member of general board of health may be 
appointed, p. 39. 
Treasury to pay allowances to person so appointed, p, 39. 

Sect. 12. Poor law commissioners may compel officers to exe- 
cute regulations and directions of the general board 
of health, p. 39. 

Sect. 13. Power of entry for the purpose of enforcing regulations, 
p. 41. 

Sect. 14. Power of guardians to appoint officers to carry out 
regulations of general board of health, p. 41. 

Expenses of guardians to be paid out of poor rate, p. 42. 

Provision as regards extra-parochial places, p. 42. 

Provision as regards places in Scotland in which there 
is no assessment for relief of the poor, p. 42. 

Sect. 15. Orders, directions, and regulations to be laid before 
parliament, p. 43. 
And to be gazetted, p. 43. 

Sect. 16. Penalty for obstructing execution of this Act, p. 43. 

If occupier of premises prevent execution of Act, jus- 
tices may by an order in writing require him to 
permit the execution of the necessary works, p. 44. 

Penalty in case of refusal, p. 45. 



zii Contents. 

Sect. 17. Recovery of penalties in England or Ireland, p. 45. 
And in Scotland, p. 46. 
Application of penalties, p. 46. 

Sbgt. 18. One or more of several joint owners or occupiers may 
be proceeded against alone, p. 46. 
Preservation of rights of two or more owners or occu- 
piers to recover as against each other, p. 47. 

Sect. 19. Unnecessary to describe owner or occupier by name in 
certain cases, p. 47. 

Sect. 20. Proceedings not to be quashed for want of form, j?. 47. 

Sect. 21. Proceedings commenced under 9 & 10 Vict. c. 96, may 
be enforced, although that Act has expired, p. 48. 

Sect. 22. Interpretation of terms : — " Justice " and "justices ;" 
" two justices ;" " sheriff;" " magistrates ;" " guar* 
dians of the poor " and " parochial board ;" " street ;" 
" owner ;" " person j" pp. 48, 49. 
Words and expressions importing the singular number 
and masculine gender, p. 49. 

Sect. 23. Mode of citing this Act, p. 60. 

Sect. 24. Act may be amended, &c. p. 60. 

Schedules — A. Notice by householders, p. 61. 

B. Summons to appear, p. 62. 

C. Order for removal of nuisances, &c. p. 54. 

D. Order to permit execution of works by owners, 

p. 56. 

Appendix: — 

Proclamation issued by the Privy Council, on 28th Sep- 
tember, 1848, p. 59. 

First notification of the general board of health, p. 60. 

Second notification of the general board of health, p. 70. 

Directions and regulations of the general board of health 

issued to poor law unions and parishes, p. 74. 
Directions and regulations to towns in which the cholera 

has appeared, p. 78. 
Documents issued by poor law board, p. 79. 



11 & 12 VICTORIA, Cap. 138. 



AN ACT 



TO BENEW AND AMEND AN ACT OP THE TENTH YEAR OF HER 
PRESENT MAJESTY, FOR THE MORE SPEEDY REMOVAL OF 
CERTAIN NUISANCES, AND THE PREVENTION OF CONTA- 
GIOUS AND EPIDEMIC DISEASES. 



4th September, 1848. 



Sect. 1. In England and Ireland certain public bodies, 
upon receipt of notice of the filthy condition of any 
building, or of the existence of nuisances, to cause exa- 
mination of premises to be made.] Whereas an Act passed 
in the tenth year of her Majesty's reign, for the more 
speedy removal of certain nuisances, and to enable the 
privy council to make regulations for the prevention of 
contagious and epidemic diseases, will expire at the end 
of the present session of parliament; and it is neces- 
sary that other provision should be made in lieu thereof; 
Be it therefore enacted, by the Queen's most excellent 
Majesty, by and with the advice and consent of the 
lords spiritual and temporal, and commons, in this 
present parliament' assembled, and by the authority 
of the same, that in England and Ireland, upon re- 
ceipt^) (or as soon afterwards as can be) by the town 

(a) Upon the receipt of the certificate of any two or more inha- 
bitant householders, the authorities are to set the machinery of the 
Act in motion ; bat they are not compelled to wait till the house- 
holders voluntarily sign and deliver the certificate. The authori- 
ties are empowered to originate the proceedings, and they may 
employ any two inhabitant householders to view the premises and 
make the certificate, and pay them their reasonable expenses out 

B 



2 . 21 ^ 12 Vict c. 123, *. 1. 

council (#), or by any trustees or _commissionera:for Ijhe 
drainage, paving, lighting, or cleansing, or managing 
or directing the police of any city, town, borough or 
place (c), or by any other body of a like nature, or by 
any commissioners of sewers or guardians of the poor (d) 

of the fund under their control, as part of the costs incurred in 
obtaining the order for the removal of the nuisance. 

(b) The words " or other like body having jurisdiction within 
any corporate town, borough, city, or place," which occur in the 
9 & 10 Vict. c. 96, s. 1, caused some doubt as to whether the 
provisions of the statute applied to places other than corporate 
towns ; and it will be observed, that these words having been left 
out of the present statute removes any doubt on the point. Its pro- 
visions, therefore, apply to all places under t|ie jurisdiction of a town 
council, commissioners of sewers, or guardians of the poor. Under 
the former Act proceedings for the removal of a nuisance could only 
be taken by the guardians of the poor, in towns or places having 
no town council, commissioners of sewers, &c., or other like body, 
competent to act ; but under this Act the inhabitant householders 
may give the requisite notice either to the town council, the trus- 
tees or commissioners, or to the guardians of the poor, at their 
option. All these bodies have concurrent jurisdiction in the 
matter, and may carry out the proceedings for the removal of a 
nuisance independent of each other. 

(c) The word "place" is of general signification, and is to be 
taken to mean any * union, parish, combination," or place where 
the matter requiring the cognizance of the officers arises. — See 
the interpretation clause, s. 22, " Guardians of the Poor." 

(d) The words " guardians of the poor," In the former Act, were 
construed to mean the " overseers of every parish, township, hamlet, 
or place in which relief to the poor shall not be administered by 
guardians ;" but these words, as used in the present Act, are, by 
the interpretation clause, to be construed to mean only the "guar- 
dians, directors, wardens, governors, parochial board, or other 
like officers having the management of the poor for any union; 
parish, combination, or place," without specifically mentioning 
the overseers ; consequently the Act would be wholly inoperative 
in those parishes in England in which the poor continue. to be re- 
lieved by the overseers under the statute of Elizabeth, and in 
which there is no town council, trustees, or commissioners fo? 



Notice of a Nuisance existing. 3 

or m Ireland by the officers of heal&rf toy parish (e), 
of a notice in writing in the form contained in the 
schedule (A.) to this Act annexed, or to the like effect, 
signed by two or more inhabitant householders (f) of 

—— — — ^^— f T ■-■— ■ ■-■ -nr»mi i-wm^m t»m^ mi i ■» r-i^M-n-f— ■ g-n-»-i ■"■ t» ~. ■ ■ i-.i n i i 

I 

drainage, &c., or commissioners of sewers, unless the words 
" other like officers having the management of the poor/' in the 
interpretation clause, apply to overseers. The same words, " other 
like officers/' in the interpretation clause of the 9 & 10 Vict. c. 96, 
evidently apply to officers other than the overseers, because the 
overseers are afterwards expressly mentioned as included in the 
words " guardians of the poor." However, the present Act must 
be construed independent of the former one ; and although it 
would have been advisable to have retained the overseers, as in- 
'eluded in the terms "guardians of the poor," still it would seem 
that the words, " other like officers having the management of the 
poor," are sufficiently comprehensive to include "overseen." 
There are, at the present time, 208 parishes }n England which still 
manage their poor under the statute of Elizabeth, representing a 
population of 216,798 persons. 

(e) The vestry of every parish in Ireland, and of every city and 
town of 1000 inhabitants and upwards, and every large town where 
the lord lieutenant thinks it fit, are ta elect annually two to five 
"officers of health," who. are to act. gratuitously; and the ex- 
penses incurred by such officers, if not exceeding a sum previously 
fixed by the vestry, are defrayed by a parochial assessment. If a 
parish which is bound to appoint officers of health neglect to do 
so, the justices of the peace at quarter sessions are empowered to 
appoint instead. The duties of the officers of health are,—- to 
. cleanse streets, lanes, yards, courts, houses let in tenements, and 
the yards and gardens of such houses, to remove nuisances, drain 
off standing waters, cleanse and fumigate houses in which there 
has been contagion, wash the persons and clothes of the inhabi- 
tants of such houses, apprehend and remove strolling vagrants, 
and provide a place of confinement for them. 

(/) Under the former Act the certificate, that the dwelling- 
house was in a filthy or unwholesome state, and that it was likely 
to be prejudicial to health, was required to be signed by two duly- 
qualified medical practitioners, which description being vague and 
of no definite legal meaning, frequently led to the dismissal of the 
summons, owing to the party prosecuting being unable to prove 

b2 



4 11 ^ 12 Viet. c. 128, s. 1. 

the parish or j>lace to which the notice relates, stating 
that, to the best of the knowledge and belief of the 
persons by whom such notice is signed, any dwelling- 
house or building in any city, town, borough, parish, or 
place within or over which the jurisdiction or authority 
of the town council, trustees, commissioners, guardians,, 
officers of health, or other body (cj) to whom such no- 
tice is given, extends, is in such a filthy and unwhole- 
some condition as to be a nuisance to or injurious to 
the health of any person, or that upon any premises 
within such jurisdiction or authority there is any foul 
and offensive ditch, gutter, drain, privy, cesspool, or ash- 
pit, or any ditch, gutter, drain, privy, cesspool, or ash- 
pit kept or constructed so as to be a nuisance to or in* 
jurious to the health of any person, or that upon any 
such premises swine, or any accumulation of dung, 
manure, offal, filth, refuse, or other matter or thing, 
are or is kept so as to be a nuisance to or injurious to 
the health of any person, or that upon any such pre* 
mises (being a building used wholly or in part as a 
dwelling house,) or being premises underneath any such 
building, any cattle or animal are or is kept so as to 
be a nuisance to or injurious to the health of any per- 
son (h), such town council, trustees, commissioners, 

that the medical practitioners who signed the notice were "duly 
qualified ;" besides, the heavy fees to which many medical men 
laid claim for the certificate sometimes discouraged the authori- 
ties from proceeding against parties for the removal of a nuisance. 
The new statute, which requires the notice to be signed by inha- 
bitant householders only, who are in most cases quite as competent' 
to form an opinion on $£e subject as medical men, will, it is hoped, 
greatly facilitate the removal of nuisances wherever they are found' 
to exist. 

(g-) That is, "or other body of a like nature." See note (d), 
page 2. 

(fc) This is a much more comprehensive description of the 



Service of Notice and Examination of Premises. 5 

guardians, officers of health, or other body, or_some 
committee (£) thereof which may be temporarily or per- 



nuisances to which the statute applies than is contained in the 
9 fit. 10 Vict c. 96, in the following words, " filthy and unwhole- 
some condition of any dwelling-house, or other building, or of the 
accumulation of any offensive or noxious matter, refuse, dung, or 
offal, or of the existence of any foul or offensive drain, privy, or 
cesspool." The late Act did not, as the present one does, apply to 
the keeping of swine, cattle, or other animal, upon any premises 
or dwelling-house, so as to be a nuisance to or injurious to the 
health of any person ; nor did that Act say that the nuisance must 
be injurious to the health of any person, though such was implied 
by the form of the certificate required to be given. 

AH the descriptions of nuisance mentioned in this Act seem to be 
nuisances for the removal or abatement of which proceedings can 
he taken against private individuals : but no proceedings can be 
taken under it for the removal of nuisances connected with the 
carrying on of an offensive trade, such as a bone-boiler, tallow- 
fnelter, and the like, unless deposits of a nature likely to be preju- 
dicial to or injurious to health are allowed to accumulate on the 
premises. The statute gives no authority to interfere with public 
nuisances ; and where those exist, the usual remedy by indictment 
must be had recourse to by those who are injured by them. 

It may be proper to observe that this Act gives no authority to 
the local authorities to appoint inspectors of nuisances; conse- 
quently, if such appointments be made, any salary which may 
be attached to the office cannot be paid out of the poor-rate. The 
poor law board have, however, in a circular letter, addressed to 
boards of guardians, and dated the 21st October, 1848, stated, 
with reference to their circular letter of the 6th October (see Ap- 
pendix), that as the duties devolved upon the boards of guardians 
under the provisions of this Act may lead to an increase of the 
labours of their paid officers, they (the poor law board) are pre- 
pared to give a favourable consideration to any proposition for the 
temporary appointment, and for the suitable remuneration, of such 
assistant officers in the departments of the clerks, the medical 
officers, or the relieving officers, as may in any case appear to be 
requisite, for the purpose of giving effect to the intentions of the 
legislature in framing the Act. 

(i) Under the former Act the parties to take proceedings for the 



6 11^ 12 Vict. c. 128, s. 1. 

inanently appointed in thiabehalf by such town council, 
-trustees, commissioners, guardians, officers of health, or 
other body, shall, after twenty-four hours' notice in writ- 
ing, by delivering the same to some person on the prer 
mises referred to in 'such first-mentioned notice, or (if 
•there be no' person upon the premises who can be so 
served) by fixing the same upon some conspicuous part 6f 
such premises, (or in case of emergency without notice) 
by themselves, their servants or agents, with, or without 

medical or other assistants, enter such premises^), and 

-•» iii » ■ i ■ ■■ — ■ ■ .I i i i a 1 1 <■ ! ■ i ■ » — y.,.^^ ■ » pun i 

removal of a nuisance were either corporations or quasi corporate 
bodies, and, therefore, could only act in the name of their officer. 
(Under this Act the authorities directing the proceedings to be 
taken may appoint a committee of their number to lay the inform** 
tion. But where they do not do so, in the case of a to w& council 
in a borough, such town' council should by a resolution give au- 
thority to one of their officers to lay the complaint and affix their 
.corporate seal to the copy of such resolution, which should Jbepror 
duced before the justices. When the information is Jaid by trus* 
tees or commissioners, reference must be made to the provisions 
of the local Act for the proper course to be pursued. As regards 
the guardians of the poor, the 5 & -6 Vict. c. 57, s. 17, enacts, 
" that in all cases in which the guardians of any parish or union 
are or may hereafter be empowered to make any application or 
complaint, or to take any proceedings before any justices at petty 
or special or general or quarter sessions, it shall be lawful for any 
officer of such .guardians, empowered by any board of such guar- 
dians, by an order in writing, under the hand of the presiding 
chairman of such board, and sealed with the common seal of such 
guardians, to make such application or complaint, or to take such 
proceedings on behalf of such guardians, as effectually to all intents 
and purposes, as if the same were made or taken by such guar- 
dians, or any of them, in person;" and by the 7 &8 Vict. c. 101, 
s. 69, any certificate of a board of guardians, or copy of their 
minutes, under the seal of the guardians, and signed by the pre- 
siding chairman, and countersigned by their clerk, shall, unless the 
contrary be shown, be taken to be sufficient proof of the truth of 
all the statements contained in such certificate, and of the direc- 
tions respecting any order mentioned in the minute. 
(A) Under the former Act no power to enter upon the premises, 



Complaint before Justice. 7 

^examine the same with respect to the matters alleged 
in such first-mentioned notice, and do all such works, 
matters, and things as maybe necessary for that purpose. 
If upon examination, or a medical certificate, it ap- 
pear that tits nuisance, tyc. exists, complaint to be made 
to a justice, who shall summon the owner or occupier.] 
If upon such examination, or upon the certificate in 
writing of two legally qualified medical practitioners, (Z) 

to view the alleged nuisance, was given, nor could any entry be 
made till after complaint to the justices and neglect of the owner 
to cleanse and purify the premises, or remove the nuisance. This 
right of entry will enable the local body to determine for themselves 
-whether the nuisance is of such m nature as to warrant their lay- 
- ing a complaint before the justices, or whether it does, in point of 
met, exist. But if force be required to enter upon the premises, 
care must be taken not to use more than is actually necessary to 
obtain admission for the parties going to make the inspection, 
otherwise the parties will lay themselves open to an action in 
trespass. 

. (i) In England, the medical men who sign this certificate must 
possess one or other of the following medical qualifications :— 

1. A.diploms or licence of the Royal College of Physicians, 

London. 

2. A degree in medicine from a university in England legally 

authorized to grant such degree. 
. 3. A diploma or degree as surgeon from a royal college or 
university in England, Scotland, or Ireland. 

4. A certificate to practice as an apothecary from the 8ociety of 

Apothecaries of London. 

5. A warrant or commission as surgeon or assistant-surgeon in 

her Majesty's navy ; or as surgeon or assistant-surgeon 
or apothecary, in her Majesty's army ; or as surgeon or 
assistant-surgeon in the service of the Hon. East India 
Company, dated previous to the 1st August, 1826. 

6. Or he must have been in actual practice as an apothecary on 

the 1st August, 1815. 
And it will be necessary to prove that the parties signing the cer- 
tificate are legally qualified medical practitioners, and the met of 
their having signed it will also require to be proved by. evidence 
of their identity. The medical men signing the certificate need 



8 11 ^ 12 Vict. 6. 123, $. 1. 

it appear (m) that any dwelling house or building so 
examined is in suoh a filthy and unwholesome condition 
as aforesaid, or that upon any premises so examined 
there is any such ditch, gutter, drain, privy, cesspool, 
ashpit, swine, cattle, or animal, or any such accumu* 
lation or other matter or thing as aforesaid, such town 
council, trustees, commissioners, guardians, officers of 
health, or other body, or such committee shall make 
or cause to be made complaint before a justice, (n) 
who shall thereupon issue a summons (which may 
be according to the form contained in the schedule 
B.) to this Act annexed, or to the like effect,) rej 
quiring the owner or occupier (o) of the premises exa~ 
mined to appear before two justices to answer such* 
complaint. 

Service of summons.] Such summons shall be served 
by delivering the same, of a true copy thereof, to some 
person upon the premises in respect whereof complaint 
is made, or) if there be no person upon the premises who 

not necessarily be the medical officers of the union. It will be no 
part of the duty of the medical officer to give the certificate ; and 
the fee to be paid to whoever signs it should be made a matte* of 
special agreement beforehand. 

(m) That is, appear to the town council, trustees or commis- 
sioners, or guardians of the poor. See the following note. 

(») The preliminary examination of the premises complained 
of may be made either by the authorities themselves, or by their 
servants ; but the complaint to the justices can only be made by 
the town council, trustees, commissioners, or guardians; or com* 
mittee appointed for the purpose, after it has been made to appear 
to them by the report of their servants, that the premises are in 
a filthy and unwholesome condition. 

(o) As to the definition of the term owner, see section 22> post; 
and as to proceedings against joint owners or occupiers, see section 
18, pott. The justice who issues the summons must determine 
whether the owner or occupier is the party answerable for the 
nuisance, and frame the summons accordingly. 



Justice/ Order for Removal of Nuisance. 

can be so served) by fixing such summons or copy upon 
some conspicuous part of such premises (p). 

Justices, upon proof $c. to order premises to be white-' 
washed or the nuisance to be removed.] If at the time and 
place appointed by such summons it be proved to the 
satisfaction of such justices that any dwelling house 
or building in respect whereof complaint is made is in 
such a filthy and unwholesome condition as aforesaid, 
or that any such cause or causes of complaint as afore- 
said exists or exist; and (in case such owner or occupier 
do not appear) that such summons or copy was served 
as aforesaid, such justices shall make an order in writ- 
ing under their hands and seals, (which order may be 
according to the form contained in the schedule (C.) to 
this Act annexed, or to the like effect,) for cleansing, 
whitewashing, or purifying such dwelling house or 
building, or for the removal or abatement of any such 
cause or causes of complaint, in such manner and within 
such time as shall.be specified in such order (not being 
more than two clear days, exclusive of Sunday, after 
service of such order as hereinafter directed). 

Service of order.] Such order shall be forthwith 
served by delivering the same or a true copy thereof to 
some person upon the premises in respect whereof it is 
made, or (in case there be no person upon the premises 
who can be so served) by fixing such order or copy 
upon some conspicuous part of such premises. 

If order be not complied with, the owner or occupier 
to be liable to penalties, and public body to enter the 
premises, and do the works ordered, or remove the nui- 
sance.] If such order be not complied with, the owner or 



0») Proof will also have to be given of the due service of the 
summons in the manner here directed, if the owner or occupier do 
not appear at the hearing. 

b3 



10 11 ^ 12 Vict. e. 129, *. 1. 

occupier against whom it is made shall be liable to a 
penalty not, exceeding ten shillings for every day during 
the continuance of his default, and the town .council, 
trustees, commissioners, guardians, officers of health, 
or other body mentioned therein, shall, by themselves, 
their servants or agents, or by .such committee as 
aforesaid, their servants or agents, enter such last- 
mentioned premises, and cleanse, whitewash, or. purify 
the same, or remove or abate the eause or causes of 
complaint, in respect whereof the said order shall 
have been made, and do all such works, matters, and 
things as may be necessary for carrying such order 
into effect (q). 

Dung, manure, #c. removed, meuy be destroyed or 
sold.] Any dung, manure, offal, filth, or refuse, and 
any other matter or thing removed by any such town 
council, trustees, commissioners, guardians, officers of 
health, or other body as aforesaid, in pursuance of this 
enactment, may be destroyed or sold>, and in case of sale 
the proceeds arising therefrom shall be paid to or (as 
the case may require) be retained by the guardians of 
the poor, and shall be by them applied in aid of the 
rate for the relief of the poor of the parish, electoral 

(q) If a pauper be attacked with fever, the guardians of the 
union, without reference to the provisions of this statute, may, 
upon the advice and recommendation of their medical officer, supply 
whatever may be necessary for fumigating and whitewashing the 
dwelling of such pauper, and charge the poor rates with the cost 
thereof, as constituting a portion of the means essential for the 
recovery of the pauper. But they cannot, under the provisions 
of this Act, supply materials for whitewashing or fumigating the 
houses of the poor, at the cost of the poor rates, merely as a 
measure of prevention against fever, unless the houses be in such 
a filthy and unwholesome condition as to be a nuisance to or inju- 
rious to the health of the inmates, in which case the guardians 
may set the machinery of the Act in motion. 



Notice of Nuisances existing in Scotland. 11 

division, or place in which such removal shall have 
ben made (r). 

: Sect. 2. In Scotland certain public officers, upon re- 

«— — — — —— i — ^— »~ •-, i . — ^— i— — »- ^— — ^— - 

(f ) The above provisions relate only to the removal of nuisances 
after they are found to exist and to be prejudicial or injurious to 
health. No provision is made by this Act for the prevention of a 
nuisance; but the Public Health Act, 1848, 11 & 12 Vict. c. 63, 
enables the local boards of health to provide proper places as re- 
ceptacles of filth, and to cover up open drains, ditches, and the 
like, within their jurisdiction. Boards of health, however, will only 
be constituted in towns and districts in which there is a large or 
dense population, and then only when one-tenth of the inhabitants 
of the place, rated to the relief of the poor, agree to petition the 
general board of health, or when it shall appear from the returns of 
the registrar-general of births, deaths, and marriages, that the deaths 
registered annually in the place, in a period of not less than seven 
years, have on an average, exceeded the proportion of twenty-three 
to a thousand of the population. The more effectually to provide 
for the prevention of nuisances, and to improve the public health 
in parishes in which there is no local board of health, it is enacted 
by the 50th section of the statute in question, that if it shall 
appear to a majority of not less than three-fifths of the rated inha- 
bitants of any parish containing less than two thousand inha- 
bitants on the then last census, in which such Act shall not have 
been applied, assembled at a public meeting, that it would contri- 
bute to the health and convenience of the inhabitants, that any 
pool, place, open ditch, sewer, drain, or place, containing or used 
for the collection of any drainage, filth, water, matter, or thing, of 
an offensive nature, or likely to be prejudicial to health, should be 
drained, cleansed, covered, or filled up, or that a sewer should be 
made or improved, a well dug, or a pump provided for the public 
use of the inhabitants, the churchwardens and overseers of such 
parish shall procure a plan, and an estimate of the cost of executing 
such works, and shall lay the same before another public meeting 
pf the rated inhabitants of the parish; and if the same shall be ap- 
proved and sanctioned by a majority of the rated inhabitants, 
assembled at such last-mentioned meeting, the churchwardens 
and overseers shall then cause the works in respect of which such 
estimate shall have been made and sanctioned to be executed, and 
shall pay the cost thereof out of the poor rates of the parish. 



12 11 $ 12 Vict. c. 123, s. 2. 

ceipt of notice of the filthy condition of any bu%lding T or 
of the existence of nuisances, to cause examination of 
premises to be made (*).] And be it enacted, that in 
Scotland, upon or as soon as can be after notice in 
writing in the form contained in the schedule (A*) to 
this Act annexed, or to the like effect, signed by two 
or more of the inhabitant householders of the pariah 
or place to which the notice relates, made to the pro-* 
curator fiscal of any county, or the procurator fiscal 
or the dean of guild of any royal burgh, or the pro* 
curator fiscal of the justices of the peace of any 
county, or the commissioners of police or trustees for 
paving, lighting, or cleansing any city, town, burgh, 
parish, or place, or the inspector of the poor of any 
parish, stating that any dwelling house or building 
within any royal burgh, or in any city, town, burgh* 
parish, or place, within or over which the jurisdiction 
or authority of any such procurator fiscal, or of such 
dean of guild, or commissioners of police, or trustees 
for paving, lighting, or cleansing, or inspector of the 
poor, extends, is in such a filthy and unwholesome con- 
dition as to be a nuisance to or injurious to the health 
of any person, or that upon any premises, within such 
jurisdiction or authority there is any foul and offensive 
drain, ditch, gutter, privy, cesspool, or ashpit, or any 
drain, ditch, gutter, privy, cesspool, or ashpit, kept or 
constructed so as to be a nuisance to or injurious to the 
health of any person, or that upon any such premises 
swine, or any accumulation of dung, manure, offal, filth, 
refuse, or other matter or thing, are or is kept so as to 



(s) This section extends to Scotland the provisions in the first 
section for the removal of nuisances in England and Ireland, in 
terms varied only to meet the different state of the law in the 
former country, and the local authorities to whom jurisdiction is* 
given in the matter. See the notes to the first section.: . . < 



Complaint before Sheriff. 13 

be a nuisance to or injurious to the health of any person, 
or that upon an y such premises (being a building used 
wholly or in part as a dwelling house), or being premises 
underneath any such building, any cattle or animal are 
or is kept so as to be a nuisance to or injurious to the 
health of any person, it shall be competent to any such 
procurator fiscal or dean of guild, or the proper officer 
of such commissioners of police or trustees, or such in- 
spector of the poor respectively, after twenty-four hours 
from the giving notice in writing by service thereof 
upon some person on the premises referred to in such 
first-mentioned notice, or (if there be no person upon the 
premises who can be so served) by fixing the same upon 
some conspicuous part of such premises, or in case of 
emergency without notice, by himself or others acting 
under his authority, with or without medical or other 
assistants, to enter such premises, and examine the same 
with respect to the matters alleged in such first-men- 
tioned notice, and do all such works, matters, and things 
as may be necessary for that purpose. 

If upon examination or a medical certificate it appear 
that the nuisance exists, complaint may be made before 
the sheriff or ajustice 9 who shall order the owner or oc- 
cupier to appear and answer complaint] If upon such 
examination, or upon the certificate in writing of two 
legally qualified medical practitioners (*), it appear that 
any dwelling house or building so examined is in such a 
filthy and unwholesome condition as aforesaid, or that 
upon any premises so examined, there is any such drain, 
ditch, gutter, privy, cesspool, ashpit, swine, cattle, or 

(0 As to what is a legal medical qualification in England, see 
note (0> page 7. In Scotland a diploma or licence from any col- 
lege of physicians, or any other body legally qualified to grant a 
degree in medicine or surgery, will, it is apprehended, be a suffi- 
cient legal medical qualification. 



14 11 $ 12 Vict. e. 128, s. 2. 

animal/ or any sock accumulation, or other matter or 
thing, as aforesaid, such procurator fiscal, dean of guild, 
officer, or inspector shall make or cause to be made com- 
plaint to the sheriff or magistrates or a justice, who shall 
thereupon order the owner or occupier of the premises 
examined, to appear be&re such sheriff or magistrates 
or two justices to answer .such complaint. 

Service of order to appear to answer complaint*] Such 
order shall be served by delivering the same, or a true 
copy thereof, to some person upon the premises in respect 
whereof complaint is made, or (if there be no person upon 
the premises, who can be so served) by fixing such order 
or copy upon some conspicuous part of such premises. 

Sheriff or justice*, to order whitewashing, or removal 
of nuisance.] If at the time and place appointed by 
such order it be proved to the satisfaction of such 
sheriff or magistrates or justices that any dwelling 
house or building in respect whereof complaint is made 
is; in such a filthy and unwholesome condition as afore- 
said, or that any such cause or causes of complaint as 
aforesaid exists or exist, and (in case such owner or oc- 
cupier do not appear) that such order or copy was served 
as aforesaid, such sheriff or magistrates or justices shall 
make an order in writing under their hands(which order 
may be according to the form contained in the schedule 
(C.) to this Act annexed, or to the like effect,) for cleans- 
ing, whitewashing, or purifying such dwelling house or 
building, or for the removal or abatement of any such 
cause or causes of complaint, in such manner and within 
such time as shall be specified in such order (not being 
more than two clear days, exclusive of Sunday, after 
service of such order. 

Service of order.] Such last-mentioned order shall 
be forthwith served by delivering the same, or a true 
copy thereof, to some person upon the premises in 



Penalties on Non-compliance with Order. 15 

Tespect whereof it is made, or, in case there be no 
person upon the premises who can be so served, by 
fixing such order or copy upon some conspicuous part 
of such premises. 

If order be not complied with, owner or occupier to 
be liable to penalties, and the public officers to enter 
premises, and do the works ordered, or remove the 
nuisance.] If such order be not complied with, the 
owner or occupier against whom it is made shall be 
liable to a penalty not exceeding ten shillings for every 
•day during the continuance of his default, and the 
procurator fiscal or dean of guild or proper officer of 
the commissioners of police, or trustees or inspectors of 
•the. poor respectively,' shall, by themselves or others 
acting under their authority, enter such last-mentioned 
premises, and cleanse, whitewash, or purify the same, 
or remove or abate the cause' or causes of complaint in 
respect whereof the said last-mentioned order shall 
have been made, and do all such works, matters, and 
things as may be necessary for carrying such order 
into effect; and any dung, manure, offal, filth, or refuse, 
and any other offensive or noxious matter or thing 
removed in pursuance of this enactment, may be 
destroyed or sold, and in case of sale the proceeds 
arising therefrom shall be paid to or (as the case may 
require) be retained by the parochial board for the 
management of the poor, and shall be by them applied in 
aid of the funds for the relief of the poor of the parish 
or place in which such removal shall have been made. 

Sect. 8. Recovery of costs, fyc. from owner or 
occupier of the premises in county court, fyc. (t*).] 
And be it enacted, that whenever any such order as 

(w) As to the recovery and application of penalties under the 
Act, see section 17. 



16 11 <J- 12 Vict. e. 123, s. 3. 

aforesaid for cleansing, whitewashing, or purifying any 
dwelling house or building, or for the removal or abate- 
ment of any such cause or causes of complaint as afore- 
said, has been obtained, all costs and expenses reasonably 
incurred in obtaining such order, or in carrying the 
same into effect, shall be deemed to be money paid for 
the use and at the request of the owner or occupier of 
the premises in respect whereof such costs and expenses 
shall have been incurred, and may be recovered as 
such by the said town councils, trustees, commissioners, 
guardians, officers of health, or other body, or by the 
said procurators fiscal, deans of guild, commissioners 
of police, or trustees and inspectors of the poor respec- 
tively, as such, in any county court, civil bill court, or 
(in Scotland) before the sheriff or magistrates or justices 
of the peace (v). 

Recovery of costs before justices.] Or such town 
couneil, magistrates, trustees, commissioners, guardians, 
officers of health, or other body, or procurators fiscal, 
deans of guild, or inspectors of the poor, may, if they 
shall think fit, recover such costs and expenses before two 
justices, or in Scotland, before the sheriff or magistrates 
or two justices, from the owner or occupier of the pre- 
mises in respect of which such order is made (x). 

(v) It will be seen that only the expenses reasonably incurred 
can be recovered in the county court, &c. ; and it will therefore be 
necessary to be prepared with evidence that no further expenses 
were incurred in removing or abating the nuisance than were 
absolutely necessary. ' 

(a?) It will frequently be found that there are sufficient goods 
and chattels upon the premises to permit of a sufficient distress 
being levied, and in such cases it would seem preferable for the 
parties removing or abating a nuisance to adopt this alternative 
mode of recovering the costs, as, when a sufficient distress can be 
found, the money will be recovered more expeditiously than by 
way of debt in the connty or civil bill court. But when no suffi- 



wmmmmammmmmmmmmmmmmKmm^^^m^mmg^^m^^^^m 



Issue and Searing of Summons. 17 

Issue of summons to owner or occupier to appear 
before justices, $c] Any two justices, or, in Scotland, 
the sheriff or magistrates or any two justices, upon the 
application of any such town council, magistrates, 
trustees, commissioners, guardians, officers of health, 
or other body, or procurator fiscal, dean of guild, or 
inspector of the poor, shall issue a summons, or, in 
Scotland, an order, requiring such owner or occupier 
to appear before them, or before him or them, at a 
time and place to be named therein* 

Hearing of summons.] At the time and place so 
named, upon proof to the satisfaction of such justices, 
or such sheriff or magistrates or justices, that any such 
costs and expenses have been so incurred as aforesaid, 
and (in case such owner or occupier do not appear) 
that a copy of such last-mentioned summons or order 
was served by delivering. the same to some person on 
the premises in respect of which the costs and expenses 
were incurred, or, if there be no person upon the 
premises who can be so served, by fixing the same 
upon some conspicuous part of such premises, such 
justices, or such sheriff or magistrates or justices, 
unless they think fit to excuse the party summoned 
upon the ground of poverty or other special circum- 
stances (y), shall, by order in writing, in England or 
Ireland under the hands and seals of such justices, or 
in Scotland under the hands of such sheriff or magis- 

cient goods or chattels ean be found, the remedy by action of debt 
in the county or civil bill court, &c. will be the most proper course, 
(y) When payment of the costs is excused on the ground of 
poverty or other special circumstances, they will be defrayed out of 
the poor rates in the manner directed in section 14. The discre- 
tion as to whether the payment of the costs shall be excused, on 
the grounds mentioned, rests entirely with the justices or sheriff 
before whom the proceedings are taken. 



18 . 11 £ 12 Vict. c. 123, *. 3. 

trates, or justices, order him to pay the amount to the 
applicants, together with the costs attending such ap- 
plication and the proceedings thereon. 

Costs, if not paid, may be levied by warrant of 
.distress.'] If the amount be not paid within seven days 
after demand, the same may, by warrant under the 
hands and seals of the same or any other two justices, 
or, in Scotland, under the hands of the sheriff or 
magistrates or justices, by whom the last-mentioned 
order shall have been made, or any other two justices, 
be levied by distress and sale of the goods and chattels 
of the owner or occupier in default 

If sufficient distress be not found withinjurisdiction 
of justices, costs may be levied on goods and chattels 
wherever found.] If no distress sufficient to satisfy the 
same can be found within the jurisdiction of the 
justices, or of the sheriff or magistrates or justices, by 
' whom such warrant shall have been issued, and it so 
appear upon oath before two justices, or, in Scotland, 
before the sheriff or magistrates or two justices,- of any 
other county or jurisdiction in which any goods or 
chattels of the defaulter may be, such last-mentioned 
justices, or sheriff or magistrates or justices, shall indorse 
their or his signatures or signature upon the last- 
mentioned warrant, and thereupon the amount to be 
levied, or so much thereof as may be unsatisfied, shall 
be levied of (z) the last-mentioned goods and chattels, 
in the same manner as if such warrant had been 
originally and properly issued by the justices, or by 
the sheriff or magistrates or justices, of such last- 
mentioned county or jurisdiction (a). 

(x) This word is so printed in the original. It seems to be a 
misprint for off or on, or the words. " by distress 9 may have been 
accidentally omitted before the word " of." 

(a) This clause, as it is framed, is a great improvement upon 



mm^mmmam^^mmmmmmm^^^m^mmm^m' 



Defrayal of Expenses* 19 

• 

Sect. 4. Cer^in expenses to be dtfrayedimt of poor's 
rates, $c] And be it enacted that aU costs and expenses 
reasonably incurred as aforesaid in carrying into effect 
any of the provisions herein-before contained, and not 
recovered from any owner or occupier of the premises 
in respect of which such expenses shall have been in- 
curred (#), shall, upon an order in writing, specifying 
the sum to be paid, under the hands and seals of two 
justices, or, in Scotland, under the hands of the sheriff 
or magistrates or two justices, (who are hereby required 
to make such order, upon proper application in this 
behalf,) be retained, paid, or defrayed by the treasurer 
of such guardians or parochial board, or by the over- 
seers of the poor, or other proper officers or persons, out 
of the funds in their hands applicable to the relief of 
the poor, and shall be charged to the parish, electoral 
^division, or place maintaining its own poor in which 
the premises in respect whereof such costs and expenses 
flhaH have been so incurred are situated, and in other 
places in England or Ireland out of any public rates or 
funds raised in such places, or applicable thereto under 
the authority of parliament, or in case there be no such 
rates or funds as last aforesaid, then out of the funds 
for the relief of tie poor of the parish, electoral division, 

the clause in the former Act, and will greatly facilitate, as well as 
render more certain, the recovery of coats under the Act. 

(b) If any expenses be incurred before application to the jus- 
tices to order the removal of the nuisance, and if the party abate 
or remove the nuisance before the hearing of the summons, so as 
to render an order unnecessary, and consequently cause the com- 
plaint to be dismissed, such party will not be liable to the prelimi- 
nary expenses which have been incurred, but they will fall to be 
defrayed out of the poor rates under this section, as having been 
reasonably incurred in carrying the Act into effect. When the 
complaint is dismissed, the justices should be applied to to make 
the order for the payment of such expenses. 



20 11 ^ 12 Vict e. 123, s. 4. 

or place nearest adjoining, or if there be two or niore 
parishes or places nearest adjoining, out of the funds 
for the relief of the poor of such one of them as two 
justices shall, by order in writing under their handB 
and seals, appoint. 

Recovery of costs in parishes in Scotland where there 
is no assessment for relief of the poor.] In case any 
such costs or expenses shall have been incurred on 
account or in respect of any parish in Scotland in 
which it shall happen that there is not at the time an 
assessment for the relief of the poor imposed or levied, 
then the same shall be paid or defrayed out of an 
assessment to be imposed and levied for that purpose, 
and to the extent necessary, under and in the manner 
provided by an Act of the ninth year of her Majesty's 
reign, for the amendment and better administration 
of the laws relating to the relief of the poor in 
Scotland (c). 

Costs, if not paid, may be levied by distress and sale 
of goods and chattels of the persons in default.] If any 
such treasurer, overseers, or officers or persons, neglect 
or refuse to pay the sum specified in any order of 
justices, or of any sheriff or magistrates, made under 
4his enactment, for the space of twenty-one days after 
the date of such order, the same may, by warrant under 
the hands and seals of the same or any other two 
justices, or, in Scotland, under the hands of the sheriff 
or magistrates or any two justices, by whom such order 
shall have been made, or any other two justices, be 
levied by distress and sale, together with the costs of 

(e) This provision, unless when the costs happen to amount to 
a considerable sum, will be almost inoperative, as the expense and 
trouble attending a special assessment will be so great as altogether 
to discourage the authorities from levying the amount necessary 
to defray the costs. 



WV^mmwm^^mr^^rmmr 



mm 



Act where not to apply. " 21 

such distress and sale, of th6 goods and chattels of the 
treasurer, overseers, or other officers or persons in 
default (d). 

Sect. 5. Act not to apply to districts and places in 
which the Public Health Act is in force.] Provided 
always, and be it enacted, that nothing hereinbefore 
contained shall apply to any district, parish, or place in 
which the Public Health Act, 1848, or any part thereof, 
shall be in force, unless and except in so far as the 
general board of health, by order in writing, sealed 
with the seal of such board, and signed by two or more 
members thereof, or (in case there be no such board in 
existence) as one of her Majesty's principal secretaries 
of state, by order in writing under his hand, shall 
otherwise direct (e). 

Jurisdiction of commissioners of sewers not to be 
impaired.] Provided also, that nothing in this Act 
shall be construed to impair, abridge, or take away 
any power, jurisdiction, or authority which may at 
any time be vested in any commissioners of sewers, or 
to take away or interfere with any course of proceeding 
which might be resorted to or adopted by such com- 
missioners if this Act had not been passed ( /). 

Sect. 6. Recital of the provisions of & $6 W. 4, 

t (d) The costs of the distress and sale in such case must be borne 
by the persons in default, as they will have been incurred by their 
own laches. But the amount of the original costs can be charged 
upon the poor rates as if no such proceeding as this had taken place. 

(*) For the powers of the local boards of health to remove or 
abate nuisances, cleanse and cover-in ditches, drains! and remove 
filth from streets and houses, and cause houses to be purified, see 
the 55th, 56th, 58th, 59th, and 60th sections of the Public Health 
Act, 1848. 

(/) The nature of these proceedings wiU depend upon the, 
powers conferred upon the commissioners by their local Act. 



22 11 ^ 12 Vict. c. 123, s. 6. 

c. 60, and 8^9 "Ptttf. c. 41.] And whereas, by an Act 
passed in the sixth year of the reign of King William 
the Fourth, for consolidating and amending the laws 
relating to highways in England, the surveyor and 
district surveyor or assistant surveyor therein men~ 
tioned are empowered to scour, cleanse, and keep open 
all ditches, gutters, drains, or watercourses^); and 
by an Act passed in the ninth year of her Majesty's 
reign for amending the laws concerning highways, 
bridges, and ferries in Scotland, the trustees or sur- 
veyors therein mentioned are empowered to cleanse, 
the ditches made or to be made along the sides of any 
highway, in case of the neglect or refusal of the pro- 
prietor or occupier to cleanse such ditches when duly x 
required so to do by such trustees or surveyors (h) ; 

Surveyor of highways required to cleanse open ditches 
adjoining highways, #c] and with a view to the more : 
effectual removal of nuisances injurious to health it is 
expedient that such surveyor, district surveyor, or 
assistant surveyor, trustees or surveyors, should not 

(g-) The General Highway Act. 5 & 6 W. 4, c. 50, s. 67, only" 
empowered the surveyors of the highways to make, scour, cleanse, 
and keep open all ditches, gutters, drains, and watercourses, and 
did not require them so to do. Hence the necessity for the pro* 
visions contained in this clause. 

The 5 & 6 W. 4, c. 50, s. 73, contains provisions for the 
removal of whatever matter or thing may be laid on any highway, 
so as to be a nuisance. 

(A) The Highway Act for Scotland, 8 & 9 Vict. c. 41, s. 22, em- 
powers the trustees of the highway, upon the neglect or refusal of 1 
the occupier of the land to cleanse side ditches, when duly required 
by the trustees to do so, themselves to cause such ditches to be 
cleansed, and to levy the expense thereof from the occupier of the 
land. But as it is now made the positive duty of the trustees to 
cleanse all ditches adjoining or along the sides of the highways, 
there would appear to be no longer any obligation on the occupier 
to do so. 



MM 



Sale of Sewage. r 2$ 

only be empowered but required to scour, cleanse, and 
keep clear, or cause to be scoured, cleansed, and kept 
clear, as far as may be practicable, all open ditches, 
gutters, drains, and watercourses upon, adjoining, or 
by or along the sides of any highway : Be it therefore 
enacted, that the said surveyor, or district or assistant 
surveyor, trustees, or surveyors, shall scour, cleanse, 
and keep clear, or cause to be scoured, cleansed, and 
kept clear, as far as may be practicable, all open 
ditches, gutters, drains, and watercourses upon, ad- 
joining, or by or along the sides of any highway ; 

Application of proceeds of sale of sewage, $c] and 
any sewage, drainage, soil, filth, or other matter or 
thing whatsoever which shall be removed by any such 
surveyor, district or assistant surveyor, trustees or 
surveyors, from any such ditch, gutter, drain, or 
watercourse, in scouring, cleansing, and keeping clear 
the same, shall be disposed of by such surveyor, 
assistant or district surveyor, trustees or surveyors, and 
the proceeds arising thqrefrom shall be applied towards 
the repair of the highway within the parish or place in 
which such removal shall have taken place. 

Provisions hereinbefore contained to be deemed part 
of Highway Acts.] The provisions hereinbefore con- 
tained with respect to ditches, gutters, drains, and 
watercourses upon, adjoining, or by or along the sides 
of highways, shall, in so far as the same relate to 
England, be deemed to be part of the said Act relating 
to highways in England, and in so far as the same 
relate to Scotland shall be deemed to be part of the 
said Act relating to highways in Scotland. 

Sect. 7. Drainage into open ditches from new 
houses a misdemeanor, #c] And be it enacted, that 
whosoever shall suffer any sewage, drainage, soil* filth, 



24 XI £ 12 Ttct c. 123, a*. 7, 8. 

or any matter or thing of a noxious or offensive nature, 
to run or flow into or to remain in any open ditch, 
gutter, drain, or watercourse, so as to be a nuisance to 
or injurious to the health of any person, from any 
dwelling house, building, or other premises which shall 
not have been occupied before the passing of this Act, 
or from any privy or water-closet which shall not have 
been constructed before that time, shall be deemed 
gnilty of a misdemeanor, or in Scotland of an offence 
punishable by fine or imprisonment, and shall, in addi- 
tion, be liable for every such offence to a penalty not 
exceeding five pounds for every day during which the 
offence is continued (i). 

Sect. 8. Notice to be given to general board of 
health^ and in Ireland to commissioners of health, of 
intention to build or open hospitals.] And be it enacted, 
that whenever it is intended to build or open any hos- 
pital for the reception of patients afflicted with con- 
tagious or infectious diseases or disorders, the trustees 
or other persons by whose authority such hospital is 
intended so to be built or opened as aforesaid shall give 
notice of such intention to the said general board of 
health or (in Ireland) to the commissioners of health 
herein-after mentioned ; and no such hospital shall be 
built or opened as aforesaid until the said general board 
of health or commissioners of health, as the case may 
be, have approved thereof in writing; but nothing 
herein contained shall apply to the building or opening 

(*) The ditch, gutter, drain, or watercourse, here referred to, 
need not necessarily be on the side of a highway, or near to a 
public thoroughfare. If it be so situate as to cause the noxious 
matters flowing into it to be a nuisance to or injurious to the 
health of any person from any dwelling-house, 6c., it will be within 
the statute, - 



Issue of Orders by Privy Council. 25 

of any addition to a building which shall have been 
used as a hospital previously to such addition (k). 

Sect. 9. Privy council to issue orders for putting in 
force the provisions of Act relative to the prevention of 
epidemic diseases, #c] And whereas it is expedient that 
when any part of the United Kingdom shall appear to 
be threatened with or affected by any formidable epi- 
demic, endemic, or contagious disease, measures of 
precaution should be taken with promptitude, according 
to the exigency of the case, be it therefore enacted, that 
in Great Britain the lords and other of her Majesty's 
most honourable privy council, or any three or more 
of them, (the lord president of the council, or one of 
her Majesty's principal secretaries of state, being one,) 
and in Ireland the lord lieutenant or other chief governor 
or governors and privy council of Ireland, may, by order 
or orders to be by them from time to time made, direct 
that the provisions hereinafter contained for the pre- 
vention of epidemic, endemic, and contagious diseases to 
be put in force in Great Britain and Ireland (l) respec- 

(k) Some union workhouses in England are still without any 
building appropriated for the exclusive reception of contagious or 
infectious diseases or disorders, and any addition to a workhouse 
already erected for the purpose of providing such accommodation 
would seem not to come within the exception in the proviso to 
this clause. Whenever, therefore, the guardians of a union deter- 
mine upon the erection of a fever hospital on the workhouse 
premises, before they can proceed with the building it would 
appear to be necessary for them to report their intention to erect 
it to the general board of health, and obtain the approval of that 
board as well as the approval of the poor law board. 

(0 In consequence of the apprehended approach of Asiatic 
cholera, the privy council by proclamation, dated 28th September, 
1848, (for which see Appendix No. 1,) ordered that the provisions 
contained in this Act for the prevention of epidemic, endemic, 
and contagious diseases should be put in force throughout the 

C 



26 11 ^ 12 Viet. c. 123, ss. 9, 10. 

tively, or in such parts thereof or in such places therein 
respectively as in such order or orders respectively may 
be expressed, and may from time to time, as to all or 
any of the parts or places to which any such order or 
orders may extend, and in like manner, revoke or renew 
any such order, and, subject to revocation and renewal 
as aforesaid, every such order shall be in force for six 
calendar months, or for such shorter period as in such 
order shall be expressed (m). 

Sect. 10. After order by privy council, general 
board of health may issue directions and regulations 
for the prevention of epidemic, fyc. disease*] And be.it 
enacted, that from time to time after the issuing of any 
such order as last aforesaid, and whilst the same shall 
continue in force, the general board of health (in Great 
Britain) (»), under the seal of the said board, and the 

whole of Great Britain immediately from and after the date of the 
proclamation. 

(m) The former Removal of Nuisances Act, 9 & 10 Vict. c. 96 t 
and the Cholera Acts, 2 & 3 W. 4, cc. 10 & 11, enabled the privy 
council to establish rules and regulations for the prevention, as far 
as might be possible, of the spreading of cholera, or spasmodic or 
Indian cholera, or for the relief of any person suffering under or 
likely to be affected thereby, and for the safe and speedy interment 
of any person or persons who may die of the disease. But the, 
present Act, it will be observed, makes it the duty of the board of 
health, in Great Britain, and the commissioners of health, in 
Ireland, to issue such directions and regulations as they shall think 
fit for the prevention, as far as possible, and mitigation of, epide- 
mic, endemic, or contagious diseases, and only empowers the privy 
council to direct the provisions of the Act in this respect to be put 
in force for a limited period. It will also be observed that the Act 
makes no special mention of the disease of cholera, and that its 
provisions may be put in force whenever any part of the United 
Kingdom shall appear to be threated with, or affected by, any 
formidable epidemic, endemic, or contagious disease. 

(n) The powers of the general board of health, under the Public 



Issue of Begvtationsby General Board of Health. 27 

hands of two or more members thereof, and in Ireland 
the commissioners of health for the time being, under the 
hands of two or more of them, may issue such directions 
and regulations as the said board or last-mentioned 
commissioners (as the case may be) shall think fit for 
the prevention, as far as possible, or mitigation, of such 
epidemic, endemic, or contagious diseases, and from 
time to time, in like manner, revoke, renew, and alter 
any such directions or regulations, or substitute such 
new directions and regulations as to the said board or 
last-mentioned commissioners may appear expedient (o). 
And provide for the cleansing of streets, houses, fyc. 
removal of nuisances, and interment of the dead.] The 
said board or last-mentioned commissioners, as the case 
may be, may by such directions and regulations provide 
for the frequent and effectual cleansing of streets and 
public ways and places by the surveyors, district or 
assistant surveyors of highways, trustees, county sur- 
veyors, and others by law intrusted with the care and 
management thereof, or by the owners and occupiers of 
houses and tenements adjoining thereto, and for the 
cleansing, purifying, ventilating, and disinfecting (p) 



Health Act, 1848, extend only to England and Wales ; but under 
this Act they have power to issue directions and regulations for 
the prevention and mitigation of epidemic, endemic, or contagious 
diseases, throughout Great Britain. 

(o) On the 5th and 31st October, 1848, the general board of 
health issued notifications with reference to the appearance of 
cholera in England and Scotland (Appendix Nos. 2 and 3), and on 
the 3rd November, 1848, they issued directions and regulations 
for the prevention, as far as possible, and mitigation of the disease. 
See Appendix Nos. 4 and 5. 

(p) Of all the disinfecting agents which have been tried, chloride 
of zinc is found to be the most salutary in its effects. It possesses 
the peculiar property of destroying and decomposing noxious 
smells arising from the putrefaction of animal and vegetable sub- 

o2 



28 11 £ 12 Ttet. e. 123, *. 10. 

of houses, dwellings, churches, buildings, and places ef 

stances immediately on its application to the infected place, and it 
is consequently largely used for that purpose in the royal navy 
and government establishments, both at home and abroad, as well 
as in most hospitals and other large establishments in this country. 
It has also been used with great success as a means of preserving 
the health of persons employed in cleansing foul drains, emptying, 
cesspools, and the like. As the parties who will have to put this 
Act in force may not be acquainted with the properties of this 
substance, as a disinfecting agent, it has been considered that the 
following circular letter of the poor law commissioners on the 
subject, addressed to boards of guardians, and the other papers 
referred to in it, may be usefully inserted in this place, and tend 
to disseminate information upon this important subject :— 

Poor Law Commission Office, Somerset House. 

6th July, 1847. 

Sir, — I am directed by the poor law commissioners to state that 
they have received from the secretary of state for the home depart- 
ment a copy of a report from the surgeon of her Majesty's ship 
Vengeance to the director general of the medical department of the 
navy, together with other papers, on the subject of the salutary 
effect of chloride of zinc, when used as a disinfecting agent. 

In consequence of the prevalence of fever at present in some 
parts of the country, it appears very desirable that the properties 
of this article, as described in the papers in question, should be 
made generally known. The commissioners therefore, in accord- 
ance with the suggestion of the secretary of state, transmit here- 
with, for the information of the guardians, copies of the papers 
referred to, and they request that the guardians will draw the 
attention of their medical officers to the same, with the view to 
the use of chloride of zinc being adopted under their directions in 
the fever wards, and other parts of the workhouses, and in the 
dwellings of pauper patients attacked by fever, and that the guar- 
dians will, for this purpose, provide such a supply of the article as 
may be necessary. 

The commissioners are informed that it may be procured at the 
office of the proprietors of the patent, No. 53, King William Street, 
London-bridge. 

The commissioners request that in any case in which chloride 
of zinc is used they may receive from time to time reports as to 
its efficacy. 

I am, Sir, your most obedient servant, 

W. G. LUMLEY, Assistant Secretary. 
To the Clerk to the Board of Guardians. 



Issue of Regulations Jy General Board of Health. 29 
assembly, by the owners or occupiers and persons 

Admiralty, 22nd June, 1847. 

Sib,— I had the honour some time ago to call your attention to 
the salutary and extraordinary effect produced by the use of the 
chloride of zinc, as a disinfecting agent, and also its singular and 
beneficial properties in immediately on its application destroying 
and decomposing the noxious smells arising from the putrefaction 
of animal and vegetable substances, and also its instant destruction 
of the smell of bilge water arising in the holds of ships. I now 
-beg leave to solicit your attention to the copy of a letter herewith 
inclosed from the surgeon of her Majesty's ship Vengeance, just 
returned to Portsmouth, after carrying large bodies of troops ; and 
at a period like the present, when contagious fever is spreading far 
and wide in Ireland, and in some of our towns from the immigra- 
tion of the destitute Irish, 1 cannot but think that its use would 
be attended with the greatest advantage, and tend most materially 
to the preservation of life and the subduing of the contagion or 
infection. 

Having, as you will easily suppose, paid more than common 
attention to the case of the unfortunate Eclair, I have no hesitation 
in saying that it was by the use of the chloride of zinc in that ship 
that the fever was finally overcome. 

The chloride has been in general use in the navy for more than 
a year. I have, &c. W. BURNETT, M.D. 

Director General, Medical Department. 

Bight Honourable Sir George Grey. 



H.M.S. Vengeance, Portsmouth, 
13th June, 1847. 

Sir, — Having used the chloride of zinc rather extensively, on 
board H.M.S. Vengeance, whilst employed in the conveyance of 
troops, I think proper to report to you the result thereof. We carried 
the 1st battalion of the 42nd regiment, consisting of about 700 men, 
women, and children, from Malta to Bermuda. " Meazles " had 
prevailed epidemically in the regiment previously to their embarka- 
tion, but we received none on board labouring under the disease ; 
yet, after being ten days at sea, several cases occurred simulta- 
neously among the soldiers, and on the 1st of April, having been 
then a month at sea, the disease appeared among our own people, 
ten cases occurring on that day, and from that day to the 15th of 
'the month, when we arrived at Bermuda, fresh cases were almost 
of daily occurrence, either among our own people or the troops. 
On getting rid of the troops, which we did at Bermuda, my atten- 
tion was of course specially directed to every means whereby the 
contagion could be destroyed. Cleanliness and ventilation were duly 



80 11 #12 Viet. c. 108, s. 10. ' 

having the care and ordering thereof, for the removal 



attended to, and every part of the ship where the sick had been, after 
being cleaned and aired, was sponged well oyer with the solution 
of chloride of zinc several times. Than the result nothing could 
be better; the disease totally ceased, no fresh case occurring after. 
On our passage from Halifax, with the 60th regiment on board, 
the weather was ao bad, and the ship working so much, that it was 
quite impossible to open any of the lower deck ports, on which 
deck the whole of the people lived, troops as well as our own 
people, for eight days. The air thoughout the deck was exceed- 
ingly vitiated with every mixture of noxious smell ; but the free 
use of the chloride of zinc tended, in a most surprising manner, 
to do away with the bad smell ; so much so, that the surgeon of the 
regiment came to me to get some to use in the part of the ship 
where the ladies of the officers were. The effect of the chloride of 
zinc is most obvious in correcting all bad and offensive effluvia ; 
and, from the sudden and surprising manner in which the meaztes 
disappeared after its use, it is not, I think, too much to say, that 
it must have been very instrumental in decomposing the miasm, 
or state of atmosphere in the ship, which tended to the generation 
of the disease. 

It has struck me, sir, and I hope you will not deem the observa- 
tion out of place, that it might be most beneficially used in the 
fever hospitals in Ireland, at the present time, and more especially 
in the bousea of t^e better classes of the people there, where fever 
now so much prevails. 

It strikes me, in such cases, the best way to use it would ben- 
after washing and airing rooms where fever had been, to sponge 
the boards well over with the solution, and allow the moisture to 
dissipate itself with free ventilation. 

I have the honour to be, &c. B. VERLING, 
To Sir W. Burnett, K.C.H. Surgeon. 

&c. &c. &c. 



Sir William Burnett's patent fluid, for the preservation of timber, 
canvas, cotton, woollen, and of all animal and vegetable substances, 
from rot, mildew, moth, and premature decay, is to be applied to 
the preservation of animal matter, the disinfection of hospitals, &c. 
and of putrescent substances, or the purification of bilge water, in 
the following manner : — 

To purify *fcA rooms and the wards of hospitals, workhouses, 
prisons, factories, and crowded places, the between decks of ships, fyc. 
—Moisten, with the diluted solution (in the proportion of one 
part of the solution to 60 parts of water), a piece of flannel-cloth* 
attached to a long rod, and wave it through the air of the apart* 



Issue of Regulatianshf General Board <jf Health. 31 
rf nuisances, for the speedy interment of the dead, and 



nrent for ten minutes at a time,— in addition to which the floor 
should be mopped or sprinkled over with the same dilute solution, 
if necessary, several times a day, and a small quantity put into 
the close-stools and bed-pans. The water-closets should also be 
cleansed with it, and a couple of gallons occasionally thrown down 
each. 

N.B. For use on board skips, between decks and places where, 

from imperfect means of ventilation, it may be inconvenient 

to wet tke floors,— Moisten, with the diluted solution, thick 

pieces of flannel-doth — the thicker the better — and wave 

them through the air of the apartments for ten minutes ; and 

then suspend them in the most convenient manner to the 

deck-beams, or across the rooms; and keep other similar 

pieces of doth, thoroughly and repeatedly saturated with the 

same solution, in flat dishes upon the floors. It is essentially 

necessary that the bilge water in the holds of vessels be 

purified agreeably to the instructions given bdow. 

To purify fever wards, in cases of death,— When a patient dies 

of fever, the body should be sponged over with the dilute solution 

(I to 40), and the dothes and bedding should be immersed and 

kept in a sufficient quantity of it for forty-eight hours before bdng 

washed. The .floor should be well mopped over with the solution. 

Flannel, moistened with it (as before recommended), should be 

waved through the room. 

To purify the clothes, linen, 8fc^ of sick persons, — Immerse the 
articles in the dilute solution (1 to 60) as directed in sick rooms. 
To prevent the communication of infectious disease, — Sprinkle the 
dilute solution (1 to 50) over the whole of the floor of the apart- 
ment, and very slightly on the coverlid of the patient's bed. The 
dothes used should be immersed in the solution, and afterwards 
thoroughly dried. Moisten pieces of flannel-doth, and use them 
as directed above. 

To purify the odour of night-chairs, — Put half a pint of the 
dilute solution (1 to 50) into the pan previous to its use, and 
when emptied rinse it out with a small quantity. 

To disinfect dead bodies, and purify rooms for the visits of 
searchers, undertakers, and jurymen, and post-mortem examinations, 
— Wash the body occasionally with the dilute solution (1 to 50), 
which will remove all unpleasant smell, and retard putrefaction. 



32 11 $ 12 Vkt. c. 128, s. 10. 

generally for preventing or mitigating such epidemic, 
endemic, or contagious diseases, in such manner as to 



To prepare, and arrest the decomposition of, subjects for dis- 
section. — Immerse the subject in the dilute solution (1 to 40), and 
let it remain about two hours ; after which time it will be purified. 
As the dissection proceeds, the parts should be sponged over with 
the same; and, if they are to be preserved, the blood vessels 
should be injected with the solution. 

To disinfect cesspools, drains, water-closets, fyc. — Pour in a quan- 
tity of the solution in proportipn to the capacity of the receptacle. 
For ordinary water-closets, one gallon of the dilute solution (1 to 
60) will generally be effectual ; for large cesspools, the quantity 
must be increased in proportion to their contents. 

To purify larders, dairies, stables. — Sprinkle the floor and wash 
all the wood work with the dilute solution (1 to 60). 

To sweeten musty casks, tubs, fyc. — Rinse them well with the 
dilute solution (I to 80). 

To destroy canker and fungus in trees, 8fc. — Apply the solution 
(1 to 30) carefully with a brush to the parts affected only. 

To extirpate bugs and other vermin*— Wash the floors and all 
the crevices with the dilute solution (1 to 20). The joints, &c* 
of the bedsteads should be moistened by a brush with a solution 
consisting of one part of fluid to five parts of water. 

To purify bilge-water, and the holds of ships.— The quantity to 
be used at a time is twenty gallons of the dilute solution (1 to 20) 
for each hundred tons of the ship's measurement. It should be 
poured into the air-holes of the ship, so that it may find its way 
by the limber-holes into the well ; and it should be thown by a 
small engine into places where it may be inconvenient to intro- 
duce it by other means. A portion may also be poured down the 
ship's pumps, the boxes being previously removed to allow of its 
free passage below. The solution should remain in the ship 
twenty-four hours. At the expiration of that time, the ship 
should be pumped as dry as possible, the well thoroughly cleansed 
and washed with the solution, and the operation repeated as often 
as required. 

N.B. When floors and other woodwork are washed with the 
solution, the use of soap or soda should be avoided immediately 
before or after its application. 



Duties of Guardians. 33 

the said board or last-mentioned commissioners (as the 
case may be) may seem expedient^). 

Guardians of the poor to superintend and see to 
execution of directions of general board of health.] 
The said board or last-mentioned commissioners may 
by any such direction and regulations authorize and 
require the guardians of the poor in England (r) and 
Ireland^ and the parochial boards for the management 
of the poor in Scotland, by themselves or their officers, 
or any persons employed by them in the administration 
of the laws for the relief of the poor, or by officers 
specially appointed in this behalf to superintend and 
see to the execution of any such directions and regula- 
tions/ and (where it shall appear that there may be 
default or delay in the execution thereof, by want or 
neglect of such surveyors, trustees, or others intrusted 
as aforesaid, or by reason of poverty of occupiers, or 
otherwise), to execute or aid in executing the same 
within their respective unions and parishes and com- 
binations, and in any extra-parochial places adjoining 
to or surrounded by the same in which the directions 
and regulations of the said board or last-mentioned 
commissioners shall not be executed by the inhabitants, 



(q) In districts, for which local boards of health may be ap- 
pointed under the Public Health Act, 1848, it will be the duty of 
those boards, by their officers, to see that all streets and public 
ways are kept clean, and all nuisances removed ; but this clause 
makes further provision for that duty in unions, and gives ex- 
tended powers to the guardians in regard to the cleansing, purify- 
ing, ventilating, and disinfecting of all buildings and places of 
assembly, when the same is neglected by the owners or occupiers 
thereof. 

(r) As to parishes having no guardians, and in which the poor 
are managed under the statute of Elizabeth, see note (d) to sec-* 
tion 1, page 2. 

c3 



34 11 # 12 Vict, c. 128, *.10. 

and to provide for the dispensing ef medicines (s), and 
for affording" to persons afflicted by or threatened with 
such epidemic, endemic, or contagious diseases such 
medical aid(*) as may be required, and to do and pro* 
vide all such acts, matters, and things as maybe 
necessary for superintending or aiding in the execution 
of such directions and regulations, or for executing 
the same, as the case may require (t). 

^— ^— — »— I — — » — ■ ill — ^i i^— mmmm 

(«) Medicine and medical aid must be supplied by the guardians 
to persons afflicted with or threatened with epidemic, endemic, or 
contagious diseases, whether such persons be actually paupers or 
not, and without any reference to questions of settlement. 
Aa to the funds out of which the attendant expenses are to be 
paid, see section 14 and note. 

(*) The following remarks and suggestions, in reference to 
cholera, were submitted to the poor law board by Messrs. Martin 
and Toynbee and Dr. Farre, who were appointed in December, 
1847, to report on the capabilities of the metropolitan work- 
houses for the reception and treatment of cholera cases, and are 
not inappropriately inserted in this place :— 

Introductory Remarks. 

Believing it to be the desire of government to direct its atten- 
tion and care to the prevention of disease, even more than to its. 
cure, we beg leave to submit the following hints, arranged in the 
most brief manner, consistent with being intelligible, for the 
guidance of such as may be in a position of control over chari- 
table or other institutions, or who may be in familiar intercourse 
with the working classes. We here confine ourselves to what may 
be effected by guardians of workhouses, families, and individuals, 
not trenching on those great national measures of prevention which 
can alone emanate from an enlightened and careful legislation. 

We are certain that vast numbers of lives have been lost from 
the ignorance of the lower orders as to what ought to be done 
under this and other epidemic invasions. 

The hints here offered -are simple and easy of practical applica- 
tion. Their adoption on the part of those most openly exposed 
to the severity of cholera and other epidemics, would, without 
doubt, prove the means of saving many lives , and first, as to the 
moral influences. 



Places to be affected by Regulations. 36 

Places to which directions arid regulations of general 
board of health shall extend.']. The directions and regu- 

General Suggestions in reference to Cholera. 

1. Let despondency give place in the public mind to a cheerful 
and confident pursuit of every man's daily occupations. This is 
of the utmost importance to health, — a regular, sober, and active 
mode of life having everywhere been found eminently preserva- 
tive against cholera. 

2. Let the notion of the infectious nature of cholera be dis- 
missed. It has not a foundation in ascertained fact in any of the 
countries visited by the disease. 

3. Of numberless examples in proof, we would select the fol- 
lowing :— 

a. That many hundreds of persons have been seized with cho- 

lera, on its first outbreak in a city or camp, within twenty- 
four hours; a fact observed in all countries visited by 
this epidemic, and one totally irreconcilable with its propa- 
gation by infection. 

b. That very frequently cholera has broken out in places far dis- 

tant from those in which the disease actually prevailed at 
the time, no communication whatever existing between the 
two localities. 
e. That many instances have occurred of the disease swooping 
on a district, station, or town previously free from the dis- 
ease, disappearing in a few days, and not returning for 
months or even years. 

d. That the cholera has often been observed to select certain 

parts of districts and cities, and those generally the over* 
crowded, low,' and damp quarters, committing great 
ravages there ; while other localities, and these generally 
the elevated and dry, have almost or altogether escaped 
invasion. 

e. That nowhere have quarantine regulations availed in the least 

degree to avert or retard the progress of cholera. 

/. That many cities and towns have been altogether exempt 
from cholera (as Birmingham and Tain), while it prevailed 
generally and fatally within a few miles, and in places hold* 
ing uninterrupted common intercourse, as Bilston near 
Birmingham, and Inver near Tain. 

g> That in the Bengal Presidency, " of between 250 and 300 



36 U#X2 Ffcfctf.l23,*.J0. 

lations to be issued as aforesaid shall extend to all parts 
or places in which the provisions of this Act for the pre* 

medical officers, most of whom saw the disease largely, 
only three persons were attacked, and only one attack 
proved fatal ;" while in the Madras Presidency, during five 
years of cholera, there died per annum but one medical 
officer out of 77. 

h. That the subordinate medical attendants on the cholera 
patients have not been, either at home or in India, 
attacked by the disease in any greater proportion than the 
medical officers. 

t. That ordinary patients in hospitals in which cholera is 
treated, however debilitated by other diseases, are not 
affected by it in a larger proportion, if in so large, as the 
healthy out of hospital. 

. j. That in France "departments, parishes, towns, and even 
villages," have been " inundated" with immigrants from 
places " devastated by the disease," yet the inhabitants in 
the former places have remained " entirely free." 

k. That where several members of a family have been attacked, 
the disease has occurred so nearly at, or about, the same 
time in each individual, as to forbid the belief in its pro- 
pagation from person to person. 

4. Let therefore the panic arising from the notion of infection 
be dismissed. Such terror predisposes healthy persons to the 
disease, while, by fostering a debasing selfishness, it tends also to 
deprive the helpless' sick of their natural succour. 

5. The natural advantages of an elevated and dry site have been 
experienced in all the countries visited by cholera, and they are 
here noted as pointing to a most important natural means of pre- 
vention. 

6. Cholera is the most dangerous of diseases, only because of 
its extraordinary acuteness comparatively — in other words, because 
it is the most violent in its seizure, and the the most rapid in its 
progress and termination of all known diseases. Here the loss of an 
hour may compromise life ; and throughout the disease the most 
careful and attentive nursing of the sick is of the utmost import- 
ance to the cure. Many lives are lost in cholera through the mere 



Places to be affected by Regulations. 37 

vention of epidemic, endemic, or contagious diseases 
shall for the time being be put in force under such 

y— — , ^— ■^ — ■ ■ ■ — ■ »" — ^— ■ ■ 

endeavour of the patient to sit or stand erect, so exhausted are the 
powers of life in the latter stages of this disease. 

Particular Suggestions, in reference to Cholera, 

1. We would urge the necessity, in all cases of cholera, of an 
instant recourse to medical aid, and alto under every form and 
variety of indisposition ; for during the prevalence of this epi- 
demic, all disorders are found to merge in the dominant disease. 

2. Let immediate relief be sought under disorder of the bowels 
especially, however slight. The invasion of cholera may thus be 
readily and at once prevented. 

3. Let every impurity, animal and vegetable, be quickly removed 
to a distance from the habitations ; such as slaughter-houses, pig- 
sties, cesspools, necessaries, and aU other domestic nuisances. 

4. Let all uncovered drains be carefully and frequently cleansed. 

5. Let the grounds in and around the habitations be drained, so 
as effectually to carry off moisture of every kind. 

6. Let all partitions be removed from within and without habi- 
tations, which unnecessarily impede ventilation. 

7. Let every room be daily thrown open for the admission of 
fresh air ; and this should be done about noon, when the atmo- 
sphere is most likely to be dry. 

8. Let dry scrubbing be used in domestic cleansing, in place of 
water-cleansing. 

9. Let excessive fatigue and exposure to damp and cold, espe- 
cially during the night, be avoided. 

10. Let the use of cold drinks and acid liquors, especially under 
fatigue, be avoided, or when the body is heated. 

11. Let the use of cold acid fruits and vegetables be avoided. 

12. Let excess in the use of ardent and fermented liquors and 
tobacco be avoided. 

13. Let a poor diet, and the use of impure water in cooking, or 
for drink, be avoided. 

14. Let the wearing of wet and insufficient clothing be avoided. 

15. Let a flannel or woollen belt be worn round the belly. 

N. B.— This has been found serviceable in checking the 
tendency to bowel complaint, so common during the preva- 
lence of cholera. The disease has, in this country, been 



38 11 $ 12 Vict, c* 133, *. 10. 

orders as aforesaid, unless such directions and regula- 
tions shall be expressly confined to some of such parts 
or places, and then to such parts or places as in such 
directions and regulations shall be specified, and (sub- 
ject to the power of revocation and alteration herein 
contained) shall continue in force so long as the said 
provisions of this Act shall be in force, under such 
orders, in the parts or places to which such directions 
and regulations shall under this provision extend. 
Proviso in case there should be no commissioners of 

always found to commence with a looseness in the bowels, 
and in this stage is very tractable. It should, however, be 
noticed that the looseness is frequently unattended by pain 
or uneasiness, and fatal delay has often occurred from the 
notion that cholera must be attended with cramps. In the 
earlier stage here referred to there is often no griping or 
cramp, and it is at this period that the disease can be most 
easily arrested. 

16. Let personal cleanliness be carefully observed. 

17. Let every cause tending to depress the moral and physical 
energies be carefully avoided; let exposure to extremes of heat 
and cold be avoided. 

18. Let crowding of persons within houses and apartments be 
avoided. 

19. Let sleeping in low or damp rooms be avoided. 

20. Let fires be kept up during the night in sleeping or adjoin- 
ing apartments, the night being the period of most danger from 
attack, especially under exposure to cold or damp. 

21. Let all bedding and clothing be daily exposed during winter 
and spring to the fire, and in summer to the heat of the sun. 

22. Let the dead be buried in places remote from the habitation 
of the living. 

By the timely adoption of simple means such as these, cholera 
or any other epidemic will be made to lose its venom ; so true is 
it that " internal sanitary arrangements, and not quarantine and 
sanitary lines, are the safeguards of nations." 

For the views of the general board of health on this subject see 
the notification issued by that board, Appendix Nos. 2 and S. 



Medical Member of Board of Health. 39 

health in Ireland.] Provided alwayB, that if at any 
time in Ireland there shall not be any commissioners 
of health, the lord lieutenant or other chief governor 
or governors of Ireland, by his or their warrants, may 
appoint so many persons as he or they may think fit, 
not being more in number than five, to act as com- 
missioners of health in Ireland, without salary, fee, or 
reward, and may from time to time remove any of such 
commissioners, and appoint any other person in his 
stead ; and such commissioners shall for all purposes be 
commissioners of health in Ireland within the meaning 
and for the purposes of this Act. 

Sect. 11. One medical member of general board of 
health may be appointed.] And be it enacted, that her 
Majesty may from time to time, during the continuance 
of any order of her Majesty's privy council or of any 
members thereof as aforesaid, by warrant under the 
royal sign manual, appoint, in addition to the members 
for the time being of the general board of health, one 
fit person to be a medical member of such board for 
the purposes of this Act, and her Majesty may at her 
pleasure remove any person so appointed (u). 

Treasury to pay allowances to person so appointed.] 
There shall be paid to the person or persons so ap- 
pointed such allowance or allowances as shall be 
appointed by the commissioners of her Majesty's trea- 
sury, out of any monies which may from time to time 
be appointed by parliament for that purpose. 

Sect. 12. Poor law commissioners may compel officers 
to execute regulations and directions of the general board 

(«) Dr. T. Southwood Smith, principal physician of the London 
Fever Hospital, has been appointed as the medical member of the 
general board of health for the purposes of this Act. 



40 11 £ 12 Y%cU e. 128, i, 12. 

of health.] And be it enacted, that the commissioners 
for administering the laws for the relief of the poor in 
England and Ireland respectively, and the board of 
supervision established under the said Act for the 
amendment and better administration of the laws rela- 
ting to the relief of the poor in Scotland, may require 
the officers and persons acting under them to inquire 
into, superintend, and report on the execution of the di- 
rections and regulations of the general board of health, 
or commissioners of health, as the case may be, under 
this Act, and shall have the same powers for enforcing 
and directing the execution of such directions and regu- 
lations by the said guardians and parochial boards re- 
spectively as they now or may hereafter have in rela- 
tion to any matter concerning the administration of the 
laws for the relief of the poor (v). 

(v) The 10th section empowers the general board of health and 
commissioners of health, in Ireland, to require the guardians of 
the poor in England and Ireland, and parochial boards in Scotland, 
to superintend and see to the execution of their directions and 
regulations, and does not provide any means of compelling the 
guardians or parochial boards to do so. But upon the issue of 
any such directions and regulations by the board of health or 
commissioners of •health, it would seem to be intended that the 
poor law board in England, the poor law commissioners in Ireland, 
and the board of supervision in Scotland, shall, under this section, 
issue orders to the unions and combinations in which the provi- 
sions of the Act, in regard to epidemic, endemic, or contagious 
diseases, may, by an order in council, be declared to be in force, 
requiring the officers and persons acting under them to inquire 
into, superintend, and report on the execution of the directions 
and regulations of the general board of health and commissioners 
of health ; but what " officers, and persons acting under them," 
are alluded to in the section is not quite apparent, though doubt- 
less, the officers of the unions, parishes, and combinations are 
intended. Again, it is not easy to see in what way the poor law 
commissioners and board of supervision are to enforce and direct 



Appointment of Officers by Guardians, fyc. 41 

Sec?. 18. Power of entry for the purpose of enforcing 
regulations*} And be it enacted; that the said guardians 
and parochial boards acting in the execution of any such 
directions or regulations as aforesaid, or the officers or 
persons by them in this behalf authorized, at reasonable 
times in the daytime, may and they are hereby em- 
powered to enter and inspect any dwelling or place, if 
there be ground for believing that any person may have 
recently died of any such epidemic, endemic, or con- 
tagious disease in any such dwelling or place, or that 
there is any filth or other matter dangerous to health 
therein or thereupon, or that necessity may otherwise 
exist for executing, in relation to the premises, all or 
any of such directions and regulations as aforesaid. 

Sect. 14. Power of guardians to appoint officers to 
carry out regulations of general board of health.] And 
be it enacted, that the said guardians and parochial 
boards may appoint or employ, for the superintendence 
and execution of the said directions and regulations, 
officers or persons (x) in aid of the officers or persons 



the execution of the directions and regulations of the general 
board of health by the guardians and parochial boards, notwith- 
standing that they are to have the same powers of doing so as they 
have in relation to any matter concerning the administration of 
the laws for the relief of the poor. Two courses would seem to 
be open for adoption by the poor law board in England, namely, 
to issue an order in the usual way, requiring the guardians and 
their officers to carry out the directions and regulations of the 
general board of health, and afterwards enforce that order by 
mandamus, or else apply at once to the court of Queen's Bench for 
a mandamui to the guardians to show cause why they do not 
carry out those regulations. 

(a?) The guardians and parochial boards under this section will 
fiave authority to appoint medical men, whose special duty it 
shall be to visit and attend to cases of disease of the nature 



42 11 # 12 Viet. c. 128, s. 14. 

employed in the administration of the laws for the relief 
of the poor. 

Expenses of guar dims to he paid out of 'pear rate.] 
Such guardians and parochial boards respectively shall 
defray the expenses incurred by them respectively 
in the superintendence and execution of such directions 
and regulations out of the fands of their respective 
unions, parishes, or combinations (y). 

Provision as regards extra~parochial places.] If any 
such expenses shall have been incurred on account or 
in respect of any extra-parochial place in England or 
Ireland, the same shall, upon an order in writing 
specifying the sum to be paid, under the hands and 
seals of two justices, who are hereby empowered to 
make such order, upon proper application in this 
behalf, be paid or defrayed out of any public rates or 
funds raised therein or applicable thereto under the 
authority of parliament, or in case there be no such 
rates or funds as last aforesaid, then out of the funds 
of the union or parish for which the guardians by 
whom the expenses have been incurred act. 

Provision as regards places m Scotland in which 
there is no assessment for relief of the poor.] In case 
any such expenses shall have been incurred on account 
or in respect of any parish in Scotland in which it 
shall happen that there is not at the time an assessment 
for the relief of the poor imposed or levied, then the 
same shall be paid or defrayed out of an assessment to 
be imposed and levied for that purpose, and to the 
extent necessary, under and in the manner provided by 
the said Act for the amendment and better admihiS- 

intended to be provided against. As to the remuneration of the 
officers, see note to page 5. 

(y) In the case of unions and combinations, these expenses will 
be charged to, and be paid out of the common fund of the union 



Orders, 2fG n to belaid before Parliament. 48 

tration of the laws relating to the relief of the poor in 
Scotland (z). 

Sect. 15 Orders, directions, and regulations to be 
said before parliament.] And be it enacted, that every 
order of her Majesty's privy council, or of the lord 
lieutenant and privy council of Ireland, and every 
direction and regulation for the said general board of 
health or commissioners of health under this Act, shall, 
forthwith upon the issuing thereof, be laid before both 
houses of parliament, if parliament be then sitting, and 
if not, then within fourteen days next after the conv 
mencement of the then next session of parliament. 

And to be gazetted.] Every such order of, her Ma- 
jesty's privy council, or any members thereof, as 
aforesaid, shall be certified under the hand of the clerk 
in ordinary of her Majesty's privy council, and shall be 
published in the London Gazette, and every such order 
of the lord lieutenant and privy council of Ireland shall 
be certified under, the hand of one of the clerks of the 
privy council of Ireland, and shall be published in the 
Dublin Gazette ; and every such direction and regula- 
tion as aforesaid when issued in Great Britain shall be 
published in the London Gazette and in the Edinburgh 
Gazette, and when issued in Ireland in the Dublin 
Gazette; and such publication of any such order, direc- 
tion, or regulation shall be conclusive evidence of the 
order, direction or regulation so published, to all 
intents and purposes. 

Sect. 16. Penalty for obstructing execution of this 
Act.] And be it enacted, that whosoever shall wilfully 

^»M^ — ^— — ^— — »— — I I III -^— — — — ^— I i»ii I ■ 

or combination, notwithstanding that they may have been incurred 
in respect of particular parishes only. 
(z) See note (c) to section 4, page 20. 



U 11 # 12 Vict. e. 123, *, 16» 

obstruct any person acting under the authority or em* 
ployed in the execution of this Act, or who shall wil- 
fully violate any direction or regulation issued by the 
general board of health, or such commissioners of health 
as aforesaid, under this Act, shall be liable for every 
such offence to a penalty not exceeding five pounds (a). 
If occupier of premises prevent execution of Act, 
justices may by an order in writing require him to per- 
mit the execution of tJie necessary works,'] If the 
occupier of any premises prevent the owner thereof 
from obeying or carrying into effect the provisions of 
this Act, any justice, or in Scotland the sheriff or any 
justice, to whom application is made in this behalf, 
shall by order in writing (which may be according to 
the form contained in the schedule (D.) to this Act 
annexed, or to the like effect,) require such occupier to 
permit the execution of the works required to be exe<- 
cuted, provided that such works appear to such sheriff 
or justice to be necessary for the purpose of obeying or 
carrying into effect the provisions of this Act (b). 

(a) By section 12, the poor law commissioners in England and 
Ireland, and the board of supervision in Scotland, are to have the 
same powers for enforcing and directing the execution of the 
directions and regulations of the board of health as they now or 
may hereafter have in relation to any matter concerning the 
administration of the laws for the relief of the poor. If, therefore, 
the poor law board in England issue an order to a board of 
guardians for enforcing and directing the execution of the directions 
and regulations of the board of health referred to in section 10, 
and^such order be not obeyed, the parties wilfully neglecting to 
obey it, will be liable to the penalties imposed by the 4 & 5 W. 4, 
c. 76, s. 98, for wilfully disobeying the orders of the poor law board. 
See note to section 12, page 38. 

(ft) Under sections 1 & 2 the justices and sheriffs areempowered 
to make an order for cleansing, whitewashing, or purifying any 
dwelling house or building, or for the removal or abatement of 
any cause of complaint ; but in the event of the occupier of any 



Recovery of Penalties. 45 

Penalty in ease of refusal.] If within a reasonable 
time after the making of such order the occupier 
against whom it is made refuse to comply therewith, 
he shall be liable to a penalty not exceeding five pounds 
for every day afterwards during the continuance of 
such refusal. 

Sect. 17. Recovery of penalties in England or Ire- 
land.] And be it enacted, that penalties imposed by 
this Act for offences committed in England or Ireland 
may be recovered by any person before any two justices, 
and may be levied by distress and sale of the goods 
and chattels of the offender, together with the costs of 
such distress and sale, by warrant under the hands and 
seals of the justices before whom the same shall be re- 
covered, or any other two justices ; and in case it shall 
appear to the satisfaction of such justices, before or after 
the issuing of such warrant, either by the confession of 
the offender or otherwise, that he hath not goods and 
chattels within (c) their jurisdiction sufficient to satisfy 
the amount, they may commit him to any gaol or house 
of correction for any time not exceeding fourteen days, 

premises preventing the owner from obeying the order of the 
justices or sheriff, it would seem that under this section the 
occupier cannot be compelled to permit the execution of the 
works, unless it be made to appear to the sheriff or justice that 
the works are necessary for the purpose of obeying the original 
order. 

(c) It will be observed, that although, under section 3, the 
goods of an offender beyond the jurisdiction of the justices maybe 
followed and distrained upon in satisfaction of costs incurred 
under the Act, yet such goods cannot be distrained upon for the 
recovery of penaltiet imposed by the Act. 

This section is altogether confined to the recovery of penalties 
for offences under the Act, and it does not apply to the expenses 
incurred in the removal of nuisances when the owner or occupier 
neglects to remove them within the specified time. 



46 11 $ 12 Yict. c. 128, ss. 17, 18. 

unless the amount be sooner paid, in the same manner 
a3 if a warrant of distress had issued and a return of 
nulla bona been made thereon. 

And in Scotland.] Penalties imposed by this Aet 
for offences in Scotland may be recovered by the pro- 
curator fiscal of the court, or by any other person, 
before the sheriff or two justices, who may proceed in 
a summary way, and grant warrant for bringing the 
parties complained upon immediately before him or 
them, and on proof on oath by one or more credible 
witness or witnesses, or other legal evidence, he or they 
may forthwith determine and give judgment, without 
any written pleadings or record of evidence, and grant 
warrant for the recovery of the penalties and expenses 
decerned for, and, failing payment within eight days 
after conviction, by poinding and imprisonment for a 
period, at the discretion of the sheriff or justices, not 
exceeding fourteen days (d). 

Application of penalties.] All penalties whatsoever 
recovered under this Act shall be paid to or (as the 
case may require) be retained by the guardians of the 
poor, or, in Scotland, the parochial board for the 
management of the poor, and shall be by them applied 
in aid of the rates or funds for the relief of the poor of 
the parish, electoral division, or place in which the 

penalties may have been incurred. 

Sect. 18. One or more of several joint owners or 
occupiers may be proceeded against alone.] And be it 
enacted, that in case of any demand or complaint 
under this Act to which two or more owners or occu- 
piers of premises may be jointly answerable, it shall be 
sufficient to proceed againpt any one or more of them, 

(d) See note, preceding page. 



Proceedings under Act. 47 

without in any manner proceeding against the others 
or other of them. 

Preservation of rights of two or more owners or 
occupiers to recover as against each other.] But nothing 
herein contained shall prevent the parties so proceeded 
against from recovering contribution in any case in which 
they would now be entitled to contribution by law. 

Sect. 19. Unnecessary to describe owner or occupier 
by name in certain cases.] And be it enacted, that 
wherever in any proceeding under this Act, whether 
written or otherwise, it shall become necessary to men- 
tion or refer to the owner or occupier of any premises^ 
it shall be sufficient to designate him as the " owner" or 
" occupier" of such premises, without name or further 
description (*)» 

Sect. 20. Proceedings not to be quashed for want of 
form.] And be it enacted, that no order nor any other 
proceeding, matter, or thing done or transacted in or 
relating to the execution of this Act, shall be vacated, 
quashed, or set aside for want of form, or be removed 
or removable by certiorari, or by suspension or advo- 
cation, or other writ or process whatsoever, into any of 
the superior courts (/). 

(«) It will not infrequently happen that the name of neither 
owner nor occupier of the premises complained of can be ascer- 
tained—this clause will therefore do away with the necessity of 
ail such inquiries ; but care must be taken to describe the premises 
accurately, as any material error of description, so as to make it 
uncertain what premises are intended to be referred to, would 
render the authorities entering upon the wrong premises for the 
purpose of removing a nuisance, or for any other purpose in con- 
nection with this Act, liable to an action in trespass. 

(/) This Act give* no right of appeal from any, order of justices 
or sheriffs made under its provisions. 



48 11 £ 12 Vict, c. 128, ss. 21, 22. 

Sect. 21. Proceedings commenced under 9 ^ 10 
Vict. c. 96, ma^ be enforced although that Act has ex- 
pired.] And be it enacted, that all proceedings what- 
soever commenced or taken or to be commenced or 
taken under the said first-recited Act of the tenth year 
of her Majesty's reign, and which shall not have been 
completed and enforced whilst the last-mentioned Act 
continues in force, may be proceeded with and enforced, 
under the provisions of that Act, although such pro- 
visions be no longer in force, in the same manner in all 
respects and to all intents and purposes, as if the same 
Continued to be in force, and as if the said last-mentioned 
Act had not expired. 

Sect. 22. Interpretation of terms.] And be it enacted, 
that in this Act the following words and expressions 
shall have the meanings hereinafter assigned to them, 
unless such meanings be repugnant to or inconsistent 
with the context. 

" Justice" and "justices"] The words "justice" and 
"justices" shall mean a justice or justices of the peace 
acting for the place where the matter or any part of the 
matter, as the case may be, requiring the cognizance of 
the "justice" or "justices," arises (g). 

" Two justices."] The expression "two justices" shall 
mean two or more justices assembled and acting to- 
gether, or one stipendiary or police magistrate acting 
in any police court for the place in which the matter or 
any part of the matter, as the case may be, requiring 
the cognizance of " two justices," arises. 

"Sheriff."] The word "sheriff" shall mean the 

(g) The former Act required that the justice or justices and 
sheriffs acting under it " shall not be interested in the matter." 
This limitation on their powers has very properly been omitted in 
the present Act. 



Interpretation of Words, #c. 49 

sheriff of any county or place in Scotland where the 

matter requiring the cognizance of the " sheriff" arises, 
and shall include the sheriff substitute (A). 

u Magistrates"] The word "magistrates** shall 
mean the magistrates of any royal burgh in Scotland 
where the matter requiring cognizance arises (h). 

" 6htardians of the poor" and a parochial board"] 
The words " guardians of the poor" and the worth 
"parochial board/' shall mean the guardians, di- 
rectors, wardens, governors, parochial board, or other 
Hke officers having the management of the poor for 
any union, parish, combination, or place where the 
matter requiring the cognizance of any such officers 
arises (i). 

u Street"] The word "street" shall include every 
highway, road, square, row, lane, mews, court, alley, 
and passage, whether a thoroughfare or not. 

" Owner."] The word " owner" shall mean any per- 
son receiving the rents of the property in respect of 
which that word is used from the occupier of such 
property, on his own account, or as trustee or agent 
for any other person, or who would receive the same 
if such property were let to a tenant (k). 

" Person."] The word " person," and words applying 
to any person or individual, shall apply to and include 
corporations, whether aggregate or sole. 

Words and expressions importing the singular num- 
ber and masculine gender.] Words and expressions 
importing the singular number shall include the plural 

(A) See note (g), ante, page 48. 

(t) As to " guardians of the poor" not including " overseen of 
the poor," see note (d) to section 1, p. 2. 

(k) If the owner be also the occupier of the property, in any 
proceedings against him under the Act, he may be properly 
described as either the owner or the occupier. 

D 



50 11 ^ 12 Vict. c. 123, s$. 23, 24. 

number, and words importing the masculine gende* 1 
shall include females. 

Sect. 23. Mode of citing this Act.] And be it 
enacted, that in citing this Act in other Acts of Par- 
liament, and in legal instruments and other proceedings, 
it shall be sufficient to use the words " The Nuisances 
Kemoval and Diseases Prevention Act, 1848." 

Sect. 24. Act may be amended, Sfc] And be it 
enacted, that this Act may be amended or repealed in 
this present session of parliament. 



ScJiedule (A.) — Notice by Householders. 51 
SCHEDULES 

TO WHICH THE FOREGOING ACT REFERS. 



Schedule (A.) 

Notice by Householders. 

To the town council of the borough of [or guardians 

of the poor of the union or of the parish of , (/) 

in the county of — -, or as the case may be ; or, in Scot- 
land, to the procurator fiscal of the county of , or to 

the procurator fiscal or dean of guild of the burgh 

of , or to the inspector of the poor of the parish 

of , or as the case may be.] 

We, the undersigned , inhabitants (m) [or, in Scotland, 

householders] of f [insert the parish or place], and 

residing at , [insert the parish or place before men- 
tioned] aforesaid, do hereby give you notice, (») that to the 

(/) If the parish be comprised within a union the notice must 
be directed to the guardians of the union generally, and not to 
the guardians of any particular parish in the union in which the 
nuisance sought to be removed exists. The words "or of the 

parish of " are introduced to meet the case of a single parish 

under the management of a board of guardians, and do not give 
an option of preferring the complaint either to the guardians of 
the union generally, or to those only of any particular parish 
within the union. 

(m) The form of the notice only specifies " inhabitants;" but the 
first and second sections require that the notice shall be signed 
bv two or more inhabitant householders. 

m 

(n) It will be necessary that a separate notice should be given 
in respect to each house or premises in or upon which a nuisance 
may be alleged to exist, notwithstanding that the nuisance alleged 
be only one in point of fact, as, for instance, an offensive drain or 
ditch, running through or communicating with two or more dis- 
tinct properties in different occupations, or belonging to different 
owners. But if there should be only one owner, or joint owners 
of the property, notwithstanding tfcere. may be several distinct 

D 2 



52 11 £ 12 Ttet. e. 123.— Schedules (A. $ B.) 

best of our knowledge and belief a dwelling 1 house [or 

building] situate at No. — in street, in aforesaid 

[or such other description as may be sufficient to identify 
the premises] is in such a filthy and unwholesome con- 
dition as to be a nuisance to [or injurious to the health of] 
A. B. (o), or as the case may be, [or that upon certain premises 
situate at [inserting such a description as may be sufficient 
to identify the premises] there is a foul and offensive drain, 
ditch, gutter, privy, cesspool, or ashpit, or a drain, Sfc. kept 
or constructed so as to be a nuisance to us, or to the occupiere 
of the premises adjoining the premises aforesaid, or as the case 
may be, or that upon certain premises situate at, fyc. swine, 
or an accumulation of dung, manure, offal, filth, refuse, or 
matter, or as the case may be, are or is kept so as to be 
injurious to our health, or to the health of A. B. or of the 
occupiers of the premises adjoining the premises aforesaid, 
or of persons living in the neighbourhood, or of the persons 
living in the premises aforesaid, as the case may be, or that 
upon certain premises, fyc. swine, Sfc. are kept so as to be a 
nuisance to us, fyc. as the case may be,] And we hereby 
required (p) that you will cause such proceedings to be taken 
as are directed in this behalf by the " Nuisances Removal 
and Diseases Prevention Act, 1848." 

Dated this day of , one thousand eight hundred 

and . 

A.B. 
CD. 

Schedule (B.) 

Summons to appear. 
To the owner (q) [or occupier] of a dwelling house [or 

occupations, it would seem that one notice would be sufficient, if 
the proceedings are taken against the owner or joint owners, and 
not against the occupiers. 

(o) That is, the two or more inhabitant householders signing 
the notice. 

(p) This word is so printed in the original. 

( q ) See note (n) to form of notice, schedule (A) as to proceedings 
against the owner of property let in separate occupations. 



Summons to appear. 53 

building, or of certain premises J situate at [insert such a 
description as may he sufficient to identify the premises."] 

Car SSS&f^3 , 1 Whb **a8 complaint hath been 

or metropolitan police dis- v made to the undersigned, one of 
to wit. J her Majesty's justices of the peace, 

acting in and for the said county of , [or borough, fyc, 

of ], or one of the magistrates of the police courts of 

the metropolis holden at [or as the case may be], by the 

town council (r) of the borough of [or as the case may 

be], that a certain dwelling house [or building] situate at 

No, — , in the parish of [or as the case may be] in the 

county of , [or such other description as may be 

sufficient to identify the premises] is in such a filthy and 
unwholesome condition as to be a nuisance to or injurious to 
the health of A. B. or as the case may be, [or that upon 
certain premises situate at [inserting such a description as 
maybe sufficient to identify the premises], there is a foul and 
offensive drain [ditch, gutter, privy, cesspool, or ashpit, or 
a drain, %c. kept or constructed so as to be a nuisance to 
A. B. 4*0. [or as the case may be], or that swine [or an accu- 
mulation of dung, manure, offal, filth, refuse, or matter, or 
as the case may be,] are [or is] kept so as to be injurious to 
the health of A. B. or of the occupiers of the premises ad- 
joining the premises aforesaid, or of persons living in the 
neighbourhood of the premises aforesaid, or of persons living 
in the premises aforesaid, or a nuisance to A. B. <fyc. as 
the ease may be.] These are therefore to require you to 
appear before two of her Majesty's justices of the peace [or 
one of the magistrates of the police courts of the metropolis, 

at the court holden at ], on the day of next, at 

the hour of — — , to answer the matter of the said complaint. 

Given under my hand and seal, this day of , in 

the year of our Lord one thousand eight hundred and . 

J. K. [L.8.] 

(r) If the complaint be made by a committee of the town 
council appointed for the purpose, it would seem to be proper to 
describe the complainants as *' a committee of the town council 
of," ke. 



54 11 ^ 12 Vict c. l23.->Sckedide (C.) 

SCHEDtJLE (C.) 

Order for Removal of Nuisances, $c. 

To the owner (s) [or occupier] of the dwelling house [or 

building or premises] situate at No. — , in street in 

the parish of , in the county of [or such other 

description as may be sufficient to identify the premises'], 

and to the town council of the borough of [or to the 

guardians of the poor of the union, or of the parish 

of , in the county of , or, in Scotland, the pro- 
curator fiscal of the county of , or the procurator 

fiscal or dean of guild of the hurgh of or, the pro- 
curator fiscal of the justices of the peace of the county 

of , or the inspector of the poor of the parish of , 

as the case may be), and to their servants or agents, and 
to all whom it may concern. 

[ȣSS,1^?_, 1 Whereas on the day of 

or metropolitan police dis- v last complaint was made before 

trict, or as the cage may be] \ ., ,. jr ,» r v 

to wit. J the undersigned [or before J, K. 

Esquire, one of her Majesty's justices of the peace acting in 

and for the county of [or before the undersigned, or 

J. K. Esquire, one of the magistrates of the police courts of 
the metropolis, or as the case may be,] by the town council 

of the borough of [or by the guardians of the poor of 

the union, or of the parish of — , in the county 

of—; or, in Scotland, by the procurator fiscal of the 

county of , or by the procurator fiscal or dean of guild 

of the burgh of , or by the procurator fiscal of the 

justices of the peace of the county of—-, or by the in- 
spector of the poor of the parish of , as the case may 

be], that a dwelling house [or building] situate at No. — 

in street, in [the parish or place before mefitioned] 

aforesaid, [or such other description as may be sufficient to 
identify the premises,] then was in such a filthy and un- 
wholesome condition as to be a nuisance [or injurious to the 
health of A. B. or as the case may be [or that upon certain 

(*) See note (n) to form of notice, schedule (A) as to proceed- 
ings against the owner of property let in separate occupations. 



i,ni11 "' imMm^^gmmm^t^mmmmmi^mi^m^^mmmmm^mtm 



Order for Removal of Nuisances, $c* 55 

premises situate at [inserting such a description as may be 
sufficient to identify the premises'] there then was a foul and 
offensive drain, [ditch, gutter, privy, cesspool, or ashpit, or 
a drain, $c. kept or constructed so as to be a nuisance to 
A. B. 4*i., as the case may be], or that upon certain pre- 
mises, situate, fyc. swine, or an accumulation of dung, 
manure, offal, filth, or refuse, or as the case may be, are or 
is kept so as to be injurious to the health of A. B. or of the 
occupiers of the premises adjoining the premises first afore- 
said, or of persons living in the neighbourhood of the 
premises first aforesaid, or of persons living in the premises 
first aforesaid, or so as to be a nuisance to A. B. fyc: And 
whereas the owner [or occupier] of the said dwelling house, 
building, or premises having this day appeared before us, 
two of her Majesty's justices of the peace acting in and for 
the count j [or borough] of [or before me, one of the magis- 
trates of the police courts of the metropolis, or, in Scotland, 
before the sheriff or magistrates or two justices of the peace, 
as the case may be], to answer the matter of the said com- 
plaint [or in case the party charged do not appear : And 
whereas it hath this day been proved to our [or my] satis- 
faction, that a true copy of a summons requiring the owner 
[or occupier] of the said dwelling house [or building or 
premises] to appear this day before us, [or me] has been duly 
served according to the statute in such case made and pro- 
vided], and it having been proved [or also proved, as the 
case may require,] that the said dwelling house [or building] 
is in such a filthy and unwholesome condition as aforesaid 
[or that upon the premises aforesaid [or first aforesaid] 
there is a foul and offensive drain [privy, cesspool, or ashpit, 
or a drain, fyc. kept or constructed so as to be a nuisance 
to A, B. fyc. as the case may be], or that upon the premises 
aforesaid, or first aforesaid, an accumulation of dung, 
manure, offal, filth, or refuse, or as the case may be, is kept, 
or a pigsty exists, so as to be injurious to health as aforesaid, 
or so as to be a nuisance to A. B. fyc. as the case may be] : 
We [or I] do hereby, in pursuance of the statute infeuch case 
made and provided, order the said owner [or occupier] of 
the said dwelling house [or builing, or premises, or first- 
mentioned premises within hours from the service of 



56 11 ^ 12 Vict e. 123.— Schedule (D.) 

this order [or a true copy thereof], according to the statute 
in such case made and provided, to cleanse [whitewash or 
purify] the said dwelling house [or to cleanse, cover, or fill 
up, or as the case may require, the said drain, [ditch, gutter, 
privy, cesspool, or ashpit, or otherwise as the case may 
require], or remove Hie said pigstye or accumulation of 
dung, offal, filth, refuse, or matter, as the case may be], so 
that the same shall not be injurious to health, or a nuisance, 
as aforesaid] ; and if this order be not complied with, then 
we [or I] authorize and require you the said town council 
[or guardians of the poor, or, in Scotland, the procurator 

fiscal of the county of , or the procurator fiscal or dean 

of guild of the buTgh of — — , or the procurator of the 

justices of the peace of the county of , or the inspector of 

the poor of the parish of , as the case may be] to enter 

upon the said dwelling house, [or building, or premises, or 
first-mentioned premises,] and to do all such works, matters, 
and things as may be necessary for carrying this order into 
effect, according to the statute in such case made and 
provided. 

And for your so doing this shall be your sufficient 
warrant. 

Given under our hands and seals [or my hand and seal, 
or, in Scotland, our hands, or my hand], this — *- day of 
, one thousand eight hundred and . 



%»«<*™>{fcs:lw 



Schedule (D.) 
Order to permit Execution of Works by Owners. 

[.rK&ta*. 1 Whereas complaint hath been 
or metropolitan police dis- v made to me, E. F. Esquire, one of 

inciy or as the case may be] | , »«■•*!•*• j»^i_ 

towit. J her Majesty's justices of the peace 
in and for the county [or borough, fyc] of , [or one of 

(t) Id Scotland without seals. 



Order to permit Execution of Works by Owners. 5? 

the magistrates of the police courts of the metropolis, or as 
the ease may be, or in Scotland, to me, G. H. sheriff, or one 
of her Majesty's justices of the peace, as the case may he, of 

the county of ], hy A. B. owner within the meaning of 

the " Nuisances Removal and Diseases Prevention Act, 
1848," of certain premises, to wit, a dwelling house [or 
building, or as the case may be], situate [insert such a 
description of the premises as may be sufficient to identify 

them], in the parish of , in the said county [or borough, 

4*<?.] that C. D. the occupier of the said premises, doth 
prevent the said A. B. from obeying and carrying into effect 
the provisions of the said Act, in this, to wit, that he the 
said C. D. doth prevent the said A. B. from [here describe 
the works generally according to the circumstances ; for 
instance, thus : cleansing, or whitewashing, or purifying, 
the said dwelling house, [or building,] or cleansing a foul 
and offensive drain [ditch, gutter, privy, cesspool, or ashpit] 
which exists upon the said premises, or as the case may 
require] : And whereas the said C. D. having been sum- 
moned to answer the said complaint, and not having shown 
sufficient cause against the same, and it appearing (u) to me 
that the said works are necessary for the purpose of enabling 
the said A, B. to obey and carry into effect the provisions of 
the said Act, I do hereby order that the said C. D. do 
permit the said A. B* to execute the same in the manner 
required by the said Act. 

Given under my hand and seal [or, in Scotland, under 

my hand] this — day of , in the year of our Lord 

one thousand eight hundred and . 

E. F. [L.s.](t>). 

(u) See note (r), to section 16, p. 42* 
(v) In Scotland without seal. 



d3 



APPENDIX. 



Proclamation by thb Phivt Council putting in force 
the Contagious Diseases and Nuisances Removal 
Act. 

At the Council Chamber, Whitehall, 
the 28* A day of September, 1848. 

By the lords of her Majesty's most honourable privy council. 

Whereas by an Act passed in the last session of parliament, 
intituled " An Act to review and amend an Act of the tenth year 
of her present Majesty, for the more speedy removal of certain 
nuisances, and the prevention of contagious and epidemic diseases," 
after reciting that ft is expedient that when any part of the United 
Kingdom shall appear to be threatened with or affected by any 
formidable epidemic, endemic, or contagious disease, measures of 
precaution should be taken with promptitude, according to the 
exigency of the case, it is enacted, " that in Great Britain the lords 
and others of her Majesty's most honourable privy council, or any 
three or more of them (the lord president of the council, or one of 
her Majesty's principal secretaries of state being one,) may, by 
order or orders to be by them from time to time made, direct that 
the provisions in the said Act contained for the prevention of epi- 
demic, endemic, and contagious diseases, be put in force in Great 
Britain, or in such parts thereof, or in such places therein respec- 
tively, as in such order or orders respectively may be expressed, 
and may, from time to time, as to all or any of the parts or places 
to which any such order or orders may extend, and m like manner 
revoke or renew any such order ; and, subject to revocation and 
renewal as aforesaid^ every such order shall be in force for six 
calendar months, or for such shorter period as in such order shall 
be expressed. 

Ana whereas the United Kingdom appears to be threatened with 
a formidable epidemic disease, in consequence of the progressive 
advance of such a disease to the western portion of the continent of 
Europe, and a case has arisen for putting in force the provisions of 
the saia Act; now, therefore, it is hereby ordered, by tne lords and 
others of her Majesty's most honourable privy council (of whom the 
right honourable Viscount Palmerston, one of her Majesty's prin- 
cipal secretaries of state, is one,) in pursuance and exercise of the 
powers so vested in them as aforesaid, that the provisions contained 
in the said hereinbefore recited Act for the prevention of epidemic, 
endemic, and contagious diseases, be put in force throughout the 
whole or Great Britain immediately from and after the date of this 
order. 

And it is further ordered, that this order shall continue in force 
for six calendar months from and after the date thereof. 

C. Gaeville. 



60 Appendix* 

9 

DOCUMENTS ISSUED BT THE GENERAL BOARD 

OF HEALTH. 



First Notification in respect to the Nuisances 
Removal and Contagious Diseases Pretention 
Act. 

General Board of Health, Gwydyr House, 
October 5, 1848. 

The general board of health having considered the official accounts 
which nave been received of the course of Asiatic cholera, since the 
presentation of the reports of the metropolitan sanitary commis- 
sioners, and haying consulted medical practitioners of eminence and 
of special knowledge of the subject, and having compared the 
tenor of those recent accounts with the observations made respect- 
ing the former mode of the propagation of Asiatic cholera hi 
Europe, have now to represent, — 

That the experience obtained of this disease, during its former 
invasions of this country in the years one thousand eight hundred 
and thirty-one and one thousand eight hundred and thirty-two, 
and the still larger experience acquired during its recent progress 
through Persia, Egypt, Syria, Russia, Poland, and Prussia, appears 
to afford ground for the correction of some views formerly enter- 
tained concerning it which have an important bearing on the mea- 
sures, both of prevention and alleviation, that are expedient to be 
adopted. 

The extent, uniform tenor, and undoubted authority of the evi- 
dence obtained from observers of all classes, in different countries 
and climates, and amidst all varieties of the physical, political, and 
social conditions of the people, appear to discredit the once preva- 
lent opinion that cholera is, in itself, contagious ; an opinion which, 
if fallacious, must be mischievous, since it diverts attention from 
the true source of danger, and the real means of protection, and 
fixes it on those which are imaginary ; creates panic ; leads to the 
neglect and abandonment of the sick; occasions great expense for 
what is worse than useless ; and withdraws attention from that 
brief but important interval between the commencement and the 
development of the disease, during which remedial measures are 
most effective in its cure. 

Although it is so far true that certain conditions may favour its 
spread from person to person, as when great numbers of the sick 
are crowded together in close, unventilated apartments, yet this is 
not to be considered as affecting the general principle of its non- 
contagious nature ; nor are such conditions likely to occur in this 
country. Moreover, the preventive measures founded on the theory 
of contagion, namely, internal Quarantine regulations, sanitary 
cordons, and the isolation of the sick, on which formerly the strongest 
reliance was placed, have been recently abandoned in all countries 
where cholera has appeared, from the general experience of their 
inefficiency. 

The evidence also proves that cholera almost always affords, by 
premonitory symptoms, warning of its approach, in time for the 
employment of means capable of arresting its progress. If indeed in 
certain situations, as where there is an unusual concentration of 



Appendix. 61 

the poison, or in certain individuals who are peculiarly predisposed 
to the disease, the attack may sometimes appear to be instan- 
taneous, still the general conclusions, that cholera is not in itself 
contagious, and that it commonly gives distinct warning of its 
approach, are two great facts well calculated to divest this disease 
01 its chief terrors, and to show the paramount importance of the 
means of prevention, so much more certain than those of cure. 

The proved identity of causes which promote the origin and 
spread of epidemic diseases in general, with those that favour the 
introduction and spread of Asiatic cholera, appear to indicate the 
true measures of precaution and prevention against a pestilence, 
which, after an absence of sixteen years, ana at a season when 
other formidable epidemic diseases are unusually prevalent and 
deadly, menaces a third visitation ; and the general board of health 
would appeal to all classes for their cordial co-operation in carry- 
ing into effect the measures which careful consideration has led 
them to recommend, in the full conviction that the powers given 
by the legislature for this purpose, though they may not be fully 
adequate, and though the time to use them may be short, canuot 
fail, with such co-operation, to be attended with highly beneficial 
results. 

With a view of carrying into operation all available means of 

Erecautkm against the impending danger, the general board of 
ealth recommends that the guardians of the poor in England and 
Wales, and the parochial boards for the management of the poor 
in Scotland, and their officers, should hold themselves in readiness 
to execute such directions as the general board of health may see 
fit to issue from time to time, under the provisions of the Act of the 
11 & 12 Vict. c. 123, intituled " An Act to renew and amend an Act 
of the tenth year of her present Majesty, for the more speedy 
removal of certain nuisances, and the prevention of contagious and 
epidemic diseases." 

The guardians of the poor and the parochial boards will probably 
be required, either by themselves individually or by persons 
employed or to be specially appointed by them for the purpose, to 
make examinations from house to house of their several districts, 
and report to their boards upon the state of each locality as far as 
regards the prevalent sickness, and the removable causes upon 
which it may appear to depend. These visitations from house to 
house will be especially required in the dangerous districts ; and it 
is to be kept in view that every district or place is dangerous m 
which typhus and other epidemic diseases have regularly recurred. 

The boards of guardians and parochial boards will have to put 
in force, whenever it may appear to be required, those provisions 
of the Act that relate to nuisances. 

Great benefit having been derived from the cleansings that were 
resorted to on the former visitation of cholera, and experience 
having shown that preventive measures against cholera art also 
preventive against typhus and other epidemic and endemic diseases, 
the boards of guardians should carry into immediate effect all 
practical measures of external and internal cleansing of dwellings 
m the ill-conditioned districts. 

The chief predisposing causes of every epidemic, and especially of 
cholera, are damp, moisture, filth, animal and vegetable matters 
in a state of decomposition, and, in general, whatever produces 
atmospheric impurity ; all of which have the effect of lowering 
the health and vigour of the system, and of increasing the bus- 



62 Appendix. 

eeptibility to disease, particularly among the young, the aged, and 
the feeble. 

The attacks of cholera are uniformly found to be most frequent 
and virulent in low-lying districts, on the banks of rivers, in the 
neighbourhood of sewer mouths, and wherever there are large col- 
lections of refuse, particularly amidst human dwellings. In a 
recent proclamation, issued for the protection of the population of 
the Russian empire, the important influence of these and similar 
causes has been recognized, and the practical recommendations 
founded thereon are " to keep the person and the dwelling-place 
clean^ to allow of no sinks close to the house, to admit of no poultry 
or animals within the house, to keep every apartment as airy as 
possible by ventilation, and to prevent crowding wherever there 
are sick." 

Householders of all classes should be warned, that their first 
means of safety lies in the removal of dung heaps and solid and 
liquid filth of every description from beneath or about their houses 
and premises. Though persons long familiarized to the presence of 
such refuse may not perceive its offensiveness, nor believe in its 
noxious properties, yet all who desire to secure themselves from 
danger should labour for the entire removal of filth and the thorough 
cleansing of their premises, which also the law will require of each 
person for the protection of his neighbours, as well as for his own 
safety. 

Next to the perfect cleansing of the premises, dryness ought to 
be carefully promoted, which will of course require the keeping up 
of sufficient fires, particularly in the damp and unhealthy districts, 
where this means should be resorted to for the sake of ventilation as 
well as of warmth and dryness. 

From information recently obtained from Russia, it appears that 
in some barracks, and other places in which large numbers of 
people are congregated, where these conditions have been attended 
to in a manner that may be equally practised in private houses, 
there has been a comparative immunity from the prevailing epi- 
demic, exactly as in this country, where in public institutions, 
though as yet by no means perfect in the means of ventilation, 
there has been an almost entire exemption from epidemics which 
have ravaged private houses in the very same districts. 

But while a certain amount of cleansing can be effected by every 
householder, each in his own premises, the means of thoroughly 
purifying the densely populated districts are beyond the power of 
. private individuals. 

Accordingly, by the recent Act 11 & 12 Vict. s. 128, sect. 1, in 
cases of inability, insufficiency, or neglect, the law has charged the 
cleansing operations upon certain public bodies, namely, "the 
town councils, or any trustees or commissioners for the drainage, 
paving, lighting, or cleansing, or managing or directing the police, 
or any other body of a like nature, or any commissioners of sewers, 
. or guardians of the poor." 

By this Act it is provided, that upon notice, in writing, signed 
by two or more inhabitant householders, that any dwelling-house 
or building is in a filthy and unwholesome condition, or that there 
are upon such premises any foul and offensive cesspool, drain, 
putter, or ditch, or any accumulations of filth, or that swine are so 

• kept as to be a nuisance or injurious to health, the authorities shall 
examine or cause the premises to be examined; and if upon exami- 

• nation, or upon a medical certificate of two legally qualified prac- 



Appendix. 63 

trtfcmers, it appears that the nuisance exists, the public authority 
shall make complaint before two justices, who are required to make 
order for the removal of such nuisance. The amended provisions 
contained in this Act should be early considered, promulgated, and 
enforced, especially those for the proper cleansing of open and foul 
ditches, near habitations, by the labourers under the direction of 
surveyors or trustees of highways. 

The union medical officers, whose duties take them to the relief 
of the destitute sick, are necessarily familar with the places in 
which disease is most prevalent and fatal, and these are invariably 
found to be the dirtiest localities, where, consequently, the cleans- 
ing operations are most required; andtne Nuisances Removal Act 
imposes upon the guardians the duty of directing and enforcing the 
proper performance of these operations. 

In several districts the police, in going their usual rounds, have 
' been employed with great advantage in reporting daily as to the 
houses, courts, alleys, passages, and streets within their district 
most in need of cleansing : as to the carelessness or neglect of the 
scavengers in the performance of their duties, and as to the exis- 
tence of nuisances of various kinds. The boards of guardians, or 
special committees formed out of their body, are therefore recom- 
mended to associate themselves with special committees of town 
councils, who, by their watch committees, have the control of the 
police, and to engage for these purposes the valuable services of 
this force. 

Highly important services have been rendered by the parochial 
clergy and other ministers of religion, in association with lay com- 
mittees, for the purpose of maintaining a system of house to house 
visitation in the more depressed districts ; and wherever it is prac- 
ticable, the boards of guardians are recommended to associate with 
a special committee of their own number (who for the time may be 
exempted from ordinary duties) the clergy of the respective parishes 
and the ministers of other religious denominations, and to call 
upon the medical and other union officers to give their aid to this 
committee. 

It is conceived that such parochial special committee would, 
among other useful purposes, be .peculiarly serviceable in commu- 
nicating information to the poorer classes as to the particular 
means of prevention within their reach, and as to the urgent neces- 
sity, at this season, of personal and household cleanliness, of venti- 
lation, and of a careful and temperate mode of living. 

By the Contagious Diseases jPrevention Act. the general board 
of health is required to frame rules and regulations to assist and 
direct the guardians of the poor and other local authorities in the 
performance of the special duties imposed upon them whenever the 
country is visited or threatened by any formidable epidemic or 
contagious disease ; and accordingly the board has lost no time in 
putting itself in communication with the poor law commissioners,! 
with the view of taking all practical precautions against the/ 
scourge which is so steadily approaching our shores; and th< 
board is now engaged in preparing regulations for the more public 
and general measures of prevention and alleviation, which will bj 
issued and put in execution in the several districts, as soon as the* 
particular conditions shall have been ascertained. v / 

In the mean time, if notwithstanding every precautionary mea- 
sure which can be taken, this disease should unhappily break out 
in any district, then it will be essential to the safety of the inhabi- 



64 Appendix. 

tants that they should be fully impressed with the importance 
of paying instant attention to the premonitory symptom that 
announces the commencement of the attack. 

This premonitory symptom is looseness of the bowels, which there 
is reason to regard as universally preceding the setting in of the 
more dangerous stage of the disease. Sometimes, indeed, under 
the circumstances already described, namely, where the poison 
exists in unusual intensity, or the constitutional predisposition is 
unusually great, the first stage may appear to be suppressed, as 
occasionally happens in violent attacks of other diseases ; but in 
cholera this event is so rare, as to be practically of no account; 
and in all countries, and under all varieties of conditions in which 
this disease has been epidemic, the experience as to this point 
uniformly agrees with what is observed at the present moment at 
Hamburgh. 

*' In most cases/' writes the' British consul, respecting the 

Spidemic wfaioh has just broken out in that city, " the disease has 
ret manifested itself in a slight relaxation of the bowels, which 
if promptly attended to, the patient generally recovers ; but if the 
symptoms are neglected, spasmodic attacks ensue, and death follows 
mostly in from four to six hours." 

This looseness of the bowels may be accompanied with some 
degree of pain, which however is generally slight ; but in many 
cases pain is wholly absent ; and for some hours and even days 
this bowel complaint may be so slight as to appear trifling ; so that 
without a previous knowledge of the importance of the warning, it 
might easily escape notice altogether. 

ft must be repeated, however, that whenever Asiatic cholera is 
epidemic, the slightest degree of looseness of the bowels ought to be 
regarded and treated as the commencement of the disease, which 
at this stage is capable of being arrested by simple means, but if 
neglected only for a few hours, may suddenly assume a fatal form. 

It will be indispensable, therefore, on the first outbreak of 
cholera, that the local authorities should immediately make 
arrangements for daily house to house inspections of the poorer 
localities in their respective districts ; this being the only practical 
means by which, in the most dangerous situations and among the 
most susceptible subjects, the existence of the premonitory symptom 
can be ascertained in time to administer the proper remedies, so as 
to arrest the progress of the disorder. 

Heads of families, masters of schools and workhouses, proprie- 
tors of large establishments and works, such as factories, mines, 
warehouses, wharfs, and docks, should either be their own inspec- 
tors, or employ some trustworthy agent to examine daily every 
person in their employment, and to give at once the proper remedy, 
if the premonitory symptom should oe present. 

Eacn member of the visiting committee should be provided with 
proper remedies, prepared in appropriate doses for administration 
on the spot, in every instance in which the premonitory symptom 
is found to exist ; and should report every person so treated as 
requiring the instant attention of the medical officer. 

Dispensaries for bowel complaints should be established at con- 
venient stations, at which the neighbouring inhabitants may apply 
for the proper remedies and advice the moment they are attacked 
by the premonitory symptom. 

Experience having shown that the establishment of cholera hos- 



Appendix. 85 

pitals was not successful, the best provision practicable must be 
made for affording assistance to the individuals who may need it 
at their own houses : and one of the best modes of effecting this 
object will probably be the selection of proper persons who may be 
instructed as nurses in the special services required on this occa- 
sion, and paid for devoting their whole time to attendance on the 
sick at their own habitations, under the direction of the medical 
officers. 

It will also be necessary to engage a sufficient number of medical 
officers at suitable remuneration, some to devote their whole time 
by day and night to the service of the dispensaries, and others to 
attend the sick at their own dwellings. 

As, however, cases may occur of extreme destitution in the 
neighbourhoods and houses wholly unfit for the curative treatment 
of the sick, provision should be made for the reception of such 
oases, either in the common hospitals, in the union houses, or in 
separate apartments specially prepared for the purpose, and pro* 
perly warmed and ventilated. 

Medical authorities are agreed that the remedies proper for the 
premonitory symptom are the same as those found efficacious in ' 
common diarrhoea ; that the most simple remedies will suffice, if 
given on the first manifestation of this symptom ; and that the 
following, which are within the reach and management of every 
one, may be regarded as among the most useful, namely, twenty 
grains of opiate confection, mixed with two table spoonsful of 
peppermint water, or with a little weak brandy and water, and 
repeated every three or four hours, or oftener, if the attack is 
severe, until the looseness of the bowels is stopped ; or an ounce of 
the compound chalk mixture, with ten or nfteen grains of the 
aromatic confection, and from five to ten drops of laudanum, 
repeated in the same manner. From half a drachm to a drachm 
«f tincture of catechu may be. added to this list, if the attack is 
severe. 

Half these quantities should be given to young persons under 
fifteen, and still smaller doses to infants. 

It is recommended to repeat these remedies night and morning, 
for some days after the looseness of the bowels has been stopped. 
But, in all cases, it is desirable, whenever practicable, that even 
in this earliest stage of the disorder recourse should be had to 
medical advice on the spot. 

Next in importance to the immediate employment of such reme- 
dies, is attention .to proper diet and clothing. Whenever Asiatic 
cholera is epidemic, there is invariably found among great numbers 
of the inhabitants an extraordinary tendency to irritation of the 
bowels ; and this fact suggests, that every article of food which is 
known to favour a relaxed state of the bowels should, as far as 
possible, be avoided — such as every variety of green vegetables, 
whether cooked or not, as cucumber or salad. It will be important 
also to abstain »from fruit of all kinks, though ripe and even 
cooked, and whether dried or preserved!. The .most wholesome 
Articles of vegetable diet are — well-baked, but not new bread, rice, 
oatmeal, and good potatoes. Pickles should be avoided. Articles 
of food and drink wnich, in ordinary seasons, are generally whole- 
some, and agree well with the individual constitution, may, under 
this unusual condition, prove highly dangerous. The diet should 
be solid rather than fluid ; and those who have the means of 



66 Appendix. 

choosing, should live principally on animal food, as affording the 
most concentrated and invigorating diet ; avoiding salted and 
smoked meats, pork, salted and shell fish, cider, perry, ginger-beer, 
lemonade, acid liquors of all descriptions, and ardent spirits. Great 
moderation, both in food and drink, is absolutely essential to safety, 
during the whole duration of the epidemic period. One single act 
of indiscretion has, in many instances, been followed by a speedy 
and fatal attack. The intervals between the meals should not be 
long ; cholera being uniformly found to prevail with extraordinary 
intensity among the classes that observe the protracted fasts 
common in the eastern and some European countries. 



With reference to these recommendations the College of Physi- 
cians have published the following recommendations on the subject 
of cholera. — Ed. 

The Royal College of Physicians of London, feeling that on the 
re-appearance of epidemic cholera in England the public mav 
naturally look to them for advice and guidance, have deemed it 
proper to appoint a cholera committee, composed of physicians 
who hold important offices in the metropolitan hospitals, or who 
had extensive experience of the disease at its last visitation, to 
consider what measures it is expedient to adopt with a view of 
preventing the spread of the disease, and of otherwise mitigating 
its evils. 

The committee thus formed have, in compliance with the wish of 
the college, drawn up the following remarks and instructions, for 
the information of the public : — 

1. Cholera appears to have "been very rarely communicated by 

Sersonal intercourse ; and all attempts to stay its progress by cor- 
ons or quarantine have failed. From these circumstances the 
committee, without expressing any positive opinion with respect to 
its contagious or non-contagious nature, agree in drawing this 
practical conclusion, that in a district where cholera prevails no 
appreciable increase of danger is incurred by ministering to persons 
affected with it, and no safety afforded to the community by the 
isolation of the sick. 

2. The disease has almost invariably been most destructive in the 
dampest and filthiest parts of the town it has visited. The com- 
mittee would, therefore, urge on the public authorities the pro- 
priety of taking immediate steps to improve the state of sewers 
and drains, to cover those which are open, and to remove all col- 
lections of decaying vegetable and animal matter from the vicinity 
of dwellings. They would also impress on individuals, especially 
of the poorer classes, the great importance of well-airing their 
rooms, and of cleanliness in both their dwellings and persons. 

3. A state of debility or exhaustion, however produced, increases 
the liability to cholera. The committee, therefore, recommend all 
persons during its prevalence to live in the manner they have 
hitherto found most conducive to their health ; avoiding intem- 
perance of all kinds and especially the intemperate use of ardent 
spirits and other intoxicating liquors. A sufficiency of nourishing 
food: warm clothing, and speedy change of damp garments; 
regular and sufficient sleep ; and avoidance of excessive fatigue, of 
long fasting, and of exposure to wet and cold, more particularly 



Appendix. 6? 

The practical importance of these cautions might be illustrated 
by striking examples. Dr. Adair Crawford states, that in Russia 
the most intense of all the attacks were those that followed a 



at night, are important means of promoting or maintaining good 
health, and thereby afford protection against the cholera. 

The committee do not recommend that the public should abstain 
from the moderate use of well-cooked green vegetables, and of ripe 
or preserved fruits. A certain proportion of these articles of diet 
is, with most persons, necessary for the maintenance of health : and 
there is reason to fear that, if they be generally abstained from, 
now that the potatoe crop has in great measure failed, many per- 
sons, especially amongst the poor in large towns, will fall into that 
ill-condition which in its highest degree is known as scurvy, and 
that they will in consequence be the readier victims of cholera. 
The committee likewise think it not advisable to prohibit the use 
of pork or bacon, or of salted, dried, or smoked meat or fish, which 
have not been proved to exert any direct influence in causing this 
disease. Nothing promotes the spread of epidemic diseases so 
much as want of nourishment, and the poor will necessarily suffer 
this want, if they are led to abstain from those articles of food on 
which, from their comparative cheapness, they mainly depend for 
subsistence. 

On the whole, the committee advise persons living in districts in 
which cholera prevails to adhere to tnat plan of diet which they 
have generally found to agree with them, avoiding merely such 
articles of food as experience may have taught them to be likely to 
disorder the stomach and bowels. 

4. The committee are unable to recommend an uniform plan of 
treatment to be adopted by the public in all cases of looseness of 
the bowels, supposed to be premonitory of cholera. It is, doubt- 
less, very important that such ailments should be promptly at- 
tended to ; but since they may arise from various causes, ofwhich a 
medical man can alone judge, the committee deem it safer that per- 
sons affected with them should apply at once for medical assistance, 
than that they should indiscriminately use, of their own accord, or 
on the suggestion of unprofessional persons, powerful medicines in 
large and frequently repeated doses. Should the looseness of the 
bowels be attended with feelings of great exhaustion and chilliness, 
the person should, of course, be placed in a warm bed, and the 
usual means of restoring warmth to the body be assiduously 
employed, until professional advice can be obtained. 

5. In order that the poor may have the means of obtaining such 
assistance promptly, the committee recommend that the proper 
authorities should at once establish dispensaries in those parts of 
the town which are remote from the existing medical institutions ; 
and they should also take steps to provide distinct cholera hos- 

Sitals, which it will require some time to organize, and which they 
elieve will be found to be absolutely necessary, should the epi- 
demic prevail in this metropolis with a severity at all approaching 
that which it manifested on its first appearance in England. The 
committee wish it to be clearly understood that they do not 
recommend the establishment of such cholera hospitals on the 
ground of effecting the separation of the sick from the healthy, 



68 Appendix. 

hearty meal, taken immediately after a protracted fast. In our 
own country, during its former visitation, the most frequent and 
deadly attacks were observed to be those that took place in the 
middle of the night, a few hours after a heavy supper. The three 
fatal cases that have just occurred to sailors who had been at Ham- 
burgh, and who were brought sick to Hull, turned out on inquiry 
to have followed very shortly after the men had eaten a large quan- 
tity of plums, and had drunk freely of sour beer ; and the two still 
more recent fatal cases on board the ship Volant of Sunderland, 
both occurred in drunkards, who persisted in the practice of intoxi- 
cation, notwithstanding the earnest warnings that were given them 
against the dangers of intemperance. 

On account of the intimate connection between the external 
skin and the internal lining membrane of the bowels, warm cloth- 
ing is of great importance. The wearing of flannel next the skin 
is therefore advisable. Recent experience on the continent seems 
to show, that it was useful to wear in the day-time a flannel ban- 
dage round the body, and this may become necessary in our own 
country during the damp and cold weather of the approaching 
season. 

Particular attention should be paid to keeping the feet warm 
and dry ; changing the clothes immediately after exposure to wet : 
and maintaining the sitting and bed-rooms well-aired, dry, and 
warm. 

It may be necessary to add a caution against the use of cold 
purgative medicines, such as salts, particularly Glauber's salts, 
Epsom salts, and seidtitz powders ; which taken, in any quantity, 
in such a season are dangerous. Drastic purgatives of all kinds 

and of thus preventing the spread of the disease ; but solely in 
order that, should the epidemic prove severe, proper attendance and 
prompt treatment may be insured for the sufferers from cholera 
among the poorest and most destitute class. The existing hos- 
pitals, even if the authorities should consent to the admission of 
persons ill of cholera, could not furnish the requisite accommoda- 
tion, unless they were shut against persons labouring under other 
severe diseases; a measure which, at the approach of winter 
especially, would add much to the distress of the poor. 

6. In conclusion, the committee would urge on the rich, who 
have comparatively little to fear for themselves, the great duty of 
generously and actively ministering to the relief of the poor while 
the epidemic prevails, bearing in mind that fuel, warm clothing, 
and sufficient nourishment are powerful safeguards against the 
disease. 

They deem it most desirable that the parish authorities should at 
once improve the diet and increase the comforts of the poor under 
their charge, and that the wealthy should form societies for the 
supply of food, clothing, and fuel, to those who, though not 
paupers, still need charitable assistance in the present emergency. 

Such measures, which it is the duty of those possessed of power 
and wealth to adopt, would, the committee believe, if liberally 
carried out, deprive the cholera of half its victims. 

John Ayrton Paris, President. 
Francis Hawkins, Registrar. 

College of Physicians, Oct. 28. 



Appendix. 69 

should be avoided, such as senna, colocynth, and aloes, except 
under special medical direction. 

If, notwithstanding these precautionary measures, a person is 
seized suddenly with cold, giddiness, nausea, vomiting, ana cramps, 
under circumstances in which instant medical assistance cannot 
be procured, the concurrent testimony of the most experienced 
medical authority shows that the proper course is to get as soon as 
possible into a warm bed ; to apply warmth by means of heated 
flannel, or bottles filled with hot water, or bags of heated camo- 
mile flowers, sand, bran, or salt, to the feet and along the spine ; 
to have the extremities diligently rubbed ; to apply a large poultice 
of mustard and vinegar over the region of the stomach, keeping it 
on fifteen or twenty minutes - ; and to take every half-hour a tea 
spoonful of sal volatile in a little hot water, or a dessert spoonful 
of brandy in a little hot water, or a wine glass of hot wine whey, 
made by pouring a wine glass of sherry into a tumbler of hot milk 
— in a word, to do every thing practicable to procure a warm, 
general perspiration until the arrival of the medical attendant, 
whose immediate care, under such circumstances, is indispensable. 

It has not been deemed necessary or proper to give instructions 
for the treatment of the advanced stage, from the confident expec- 
tation that the proposed arrangement will supply medical attend- 
ance to all cases tnat may reach that condition, by which means 
the specific symptoms of each individual case will receive their ap- 
propriate treatment. 

Though the season of danger may demand some extraordinary 
exertion and sacrifice on the part of all classes, yet this period will 
probably not be protracted, since on the former visitation of cholera, 
it seldom remained in any place which it attacked longer than a 
few months, and rarely more than a few weeks ; while it may be 
reasonably expected that the improvements effected with a view to 
check its progress will be equally efficacious in shortening its dura- 
tion ; and that these improvements will not be temporary like the 
occasion that called for them, but will be attended with lasting 
benefit. 

In conclusion, the general board of health would again urge the 
consideration, that whatever is preventive of cholera is equally 
preventive of typhus and of every other epidemic and constantly 
recurring disease j and would earnestly call the attention of all 
classes to the striking and consoling fact, that, formidable as this 
malady is in its intense form and developed stage, there is no 
disease against which it is in our power to take such effectual pre- 
caution, both as collective communities and private individuals, by 
vigilant attention to it in its first or premonitory stage, and by the 
removal of those agencies which are known to promote the spread 
of all epidemic diseases. Though, therefore, the issues of events 
are not m our hands, there is ground for hope and even confidence 
Id the sustained and resolute employment of the means of protec- 
tion which experience and science have now placed within our 
reach. 

By order of the General Board of Health, 

Hbnbt Austin, Secretary* 



70 Appendix. 

Extracts from the Second Notification of the 
General Board of Health in respect to Instruc- 
tions on the Orders and Regulations issued under 
the Authority of the Nuisances Removal and 
Diseases Pretention Act. 

General Board of Health* Owydyr House, 
October 31, 1848. 

The special object of those provisions of the Act 11 & 12 Vict, 
c. 123, which are brought into operation by the order in council, 
appears to the general board of health to be that measures of pre- 
caution may be taken " with promptitude, according to the exigency 
of the case." 

It was clearly within the view of parliament that other and more 
summary measures for cleansing and the removal of nuisances than 
those contained in the first and second sections of the Act might be 
required, when the provisions for the prevention of epidemic and 
contagious diseases should be called into operation; and it has 
appeared to the board to be requisite that the duties which in 
ordinary times devolve upon the owners and occupiers of dwellings, 
where an order of justices has been obtained, should, under the 
threatened visitation of pestilence, be performed by the owners or 
occupiers, without the previous complaint and adjudication ; and 
when the poverty of the occupiers or any other cause may delay the 
cleansing or the removal of the nuisance, the guardians shoold at 

once perform the necessary work. 

* • • * * • 

Operations of cleansing, both external and internal, are the pri- 
mary means of prevention ; and the places where the first measures 
of cleansing should be carried into effect are indicated in the regis- 
ters of deaths, in the case books of the medical officers, and in the 
lists of the relieving officers, which show the streets, courts, alleys, 
and the very houses in which sickness from epidemic disease has 
been prevalent, in many instances pauperizing the inhabitants, and 
in all instances increasing the necessity for parochial relief. 

From these sources, therefore, as full a list as may be practicable 
should be made out or the places in which the measures of cleansing 
are the most urgently needed ; and those lists should be completed 
by the aid of the reports of the physicians and surgeons having 
charge of dispensaries and hospitals. 

As these lists are completed, copies of them should be forwarded 
as directories to the parochial clergy and other members of the 
district committees, who will aid the local authorities in their exa- 
mination from house to house of these epidemic localities. Not only 
should the particular houses in which epidemic disease has been 
prevalent be examined, but also the adjacent houses, which will 
generally be found to be in the like unhealthy condition. 

The police force, under the direction of the watch committees of 
the town councils, have been usefully employed in seeing that the 
cleansing operations are regularly and completely performed, in 
conveying information, and in aiding local investigations; but the 
general direction of the measures of cleansing should be charged 
upon the medical officer, whose duty it will be to see that the 
owners and occupiers promptly carry those measures into effect. 
If, however, on account of sickness or poverty, or any other cause, 
the medical officer see reason to apprehend neglect or delay in the' 



Appendix. 71 

execution of those measures, then he must immediately report such 
eases to the board of guardians, or to persons authorized by them 
to act in this behalf, who should forthwith direct able-bodied 
paupers to perform the work. 

Where circumstances will not admit of the employment of able- 
bodied paupers, or where the assistance of paupers would be less 
efficient than the services of persons accustomed to the work, a 
sufficient number of men should be engaged for the special purpose 
of lime-washing and purifying the houses and apartments that may 
stand in need of such cleansing. Ample experience has shown the 
efficiency and economy with which operations of this kind may be 
carried on. By the aid of two men, and with no other imple- 
ments than a common pail and a painter's whitewashing brush, 
Mr. Ramsay, inspector of the Edinburgh cleansing committee, has 
shown that a second or third-rate tenement, containing two or 
three apartments, may be effectually lime-washed at an expense 

not exceeding 9d. to 1*. per tenement. 

• • • * • • 

Fumigation with chlorine gas, under the eye of a medical man, 
this being a process which cannot be safely conducted except under 
medical inspection, is performed at an expense of less than 2d. for 
each room. 

All the streets, courts, and alleys, the atmosphere of which is 
shown to be in a state of pollution by the presence of epidemic 
disease, should be thoroughly scoured oat daily, and the dung- 
heaps of mews and stables also should be removed daily. 

Where water is not laid on at high pressure, but can be other- 
wise obtained, the most efficient means of cleansing will be by the 
use of a small fire or garden engine ; but wherever water is laid on 
at high pressure, advantage should be taken of the hose and Jet, 
which removes the dirt from the carriage-way much more effec- 
tually than the street-sweeping machine: gives to the pavement 
the appearance of having been as thoroughly cleansed as the stone 
steps in front of private houses, and, when properly applied in close 
ana dirty courts and alleys, rapidly carries off the filth, destroys 
offensive smells, and, by suddenly changing the temperature and 
so causing a current of air, produces a sense of coolness and 
refreshment. 

Cesspools may be cleansed in one-third of the usual time, and at 
one-third of the usual cost, by means of a two-handled pump and 
hose, wherever there is a sewer within reach into which the con- 
tents may be discharged. 

With reference to the larger works of cleansing, such as the 
cleaning out of long lines of ditches, or the removal of large masses 
of decomposing refuse, much mischief has sometimes been occa- 
sioned when the operation has been so ignorantly and unskilfully 
conducted as to increase the extent of the evaporating surface, as 
when the contents of foul ditches have been spread: out on the 
banks and allowed to remain there ; and when cesspools have been 
emptied into drains or sewers having no proper fall, or no run for 
the discharge of the contents from beneath inhabited houses. 
Works of this kind should be conducted under the superintendence 
of a person who possesses some knowledge of the nature of the 
rases evolved ; the atmospheric and other conditions that promote 
their copious evolution: their probable effects on susceptible per- 
tonsj and the mode of Himinfahing or averting them* either by the 



72 Appendix. 

proper use of deodorizing fluids or by other means. The medical 
officer who may be expected to be the best informed in these 
respects should therefore be required to take the general superin- 
tendence of such operations. 

The removal or distribution of large masses of decomposing refuse 
cannot be expected to be effected without some danger : on the 
other hand, there is a certainty of evil, if such matter is allowed to 
remain permanently near human habitations, while the risk from 
the act of removal, if it be tolerably well conducted, is but slight, 
and at all events can only be temporary. 

In following the track of fever, the inquirer will soon be led to 
the low lodging-houses, in which the conditions most favourable to 
the generation and spread of every form of epidemic disease will be 
found to be most intense and constant. The overcrowding and 
the neglect of ventilation produce, in these places, an insufferable 
closeness, which cannot be endured by a person unaccustomed to 
the pestilential atmosphere. 

Under the authority conferred upon the guardians, their medical 
officer may enter these lodging-houses and require them to be duly 
ventilated and cleansed, and where he finds a dangerous over* 
crowding, he may order the parties to be removed. 

Having thus denoted, more fully than they were enabled to do in 
their first notification, some of the most important measures of 
prevention, the general board of health would now advert to the 
measures of alleviation that may be found available, should the 
disease, which has broken out nearly at the same time in many 
widely distant parts of the country, unhappily prevail as an 
epidemic. 

The importance of the precaution already given in the notifies** 
tion as to the urgent necessity of the earliest attention to the pre* 
monitory symptom , is confirmed by every day's experience. Oppor- 
tunities have been recently afforded for carefully observing the 
circumstances connected with the first outbreak of this disease, 
both in this country and abroad, and the clear result of such obser* 
vation is, that some of its earliest victims are seized without 
warning, but that this is the case with comparatively few. In the 
great majority of instances, even in the early days of its invasion, 
and almost universally after the violence of its first blow has been 
spent, distinct warning of its approach is given. That warning, as 
has been explained, is a relaxed state of the bowels, and whoever 
has that complaint, in however slight a degree, should, during the 
present season of danger, place himself immediately under medical 
care. The medicines recommended in the first notification were 
intended to be placed in the custody of the heads of families, the 
masters of schools and workhouses, the owners or agents of large 
establishments, clergymen, and other intelligent persons, for admi- 
nistration only at tunes and under circumstances, when medical 
assistance could not be promptly procured. With such a disease 
as cholera impending, a due regard to his own safety and to the 
safety of those who are naturally dependent on his care, should 
induce every one to avail himself without delay of the best assist- 
ance within his reach. And for those who cannot afford to pay 
for medical attendance, or who would not be likely to ineur the 
expense of it, for a complaint, apparently so trifling, dispensaries 
must be opened in convenient situations, with proper medical 



Appendix. • 73 

attendance, if practicable, day and night, where medical advice 
and medicine may be procured. 

It is of the utmost importance that the local authorities and 
others should be satisfied as to the measures which it will be expe- 
dient to adopt promptly and thoroughly, when, notwithstanding 
all the means of precaution and prevention that may have been 
taken, this disease actually breaks out in any place. 

Hitherto the proportion of attacks to the population has nowhere 
in this country been so large as to render it impracticable, or even 
difficult to make provision for the temporary removal of such indi- 
gent persons as have appeared to be in imminent danger ; and it is 
a subject deserving consideration, whether, instead of the indiscri- 
minate removal of the sick, it would not be more effectual, as well 
as less expensive, while provision is made for the proper treatment 
of the sick, to take some care of those who in all probability will 
be the next victims of the disease, though the blow may not yet 

have actually fallen on them. 

• • • • • • 

But while the general board of health have thought it needful 
to make provision for the greater security of the poor and desti- 
tute, they cannot too earnestly impress upon those in better circum- 
stances, and who can consult their own safety, the importance on 
the first outbreak of this disease, of immediate removal from a 
low, damp, dirty, and confined situation, to one that is high, dry. 
and open; and of the adoption at the same time of a careful 
regimen. 

Though the general board of health have expressed their decided 
conviction that cholera is not contagious, in the common sense of 
that term, yet neither they nor those who coincide in their opinion 
consider tnat there is no danger in overcrowding, or that the disease 

is not " catching" in ill-ventilated and ill-conditioned places. 

• ••••• 

Many cases having occurred in which the long retention of the 
dead body in living or sleeping rooms has greatly promoted the 
spread of disease, tne Act has called special attention to the need 
of regulations for the early removal and the proper interment of 
the corpse : and the general board of health have authorized the 
medical officer, after naving ascertained the true cause of death, to 

Sire such directions as may appear to him to be required, for the 
ue observance of the regulation relative to this highly important 
subject. 

It appears to the general board of health to be absolutely neces- 
sary, in the present emergency, to concentrate responsibility on 
the medical officers, and to entrust them with discretionary powers, 
because the rapidity of the course of cholera will not allow them 
to wait for direction from the guardians at their weekly meetings ; 
and seeing the many and arduous duties that devolve upon the 
medical officers, the general board of health cannot but express a 
hope that the remuneration of these officers will be more propor- 
tionate to the value of the services required of them than it was upon 
the former occasion. 

The law having vested the general management of medical relief 
to the destitute in the boards of guardians, and having made them 
the authorized channels for the expenditure of the rates raised 
for the benefit of the poor, the instructions and regulations of the 

B 



74 • Appendix. 

board of health hare been mainly directed to them. They are 
aware, however, of the important exertions which in many instances 
have been made by town councils and local commissioner for the 
improvement of the public health, and where any of the functions 
herein prescribed are either by law or practice exercised by such 
town councils and local boards of commissioners, they would bv 
no means wish to take them out of their hands ; these bodies will 
have the best means of considering how far they can act by their own 
powers, or concurrently with the boards of guardians, and it is 
only in the absence of any such powers, or in default of their 
effectual exercise, that the board of health would call upon the 
boards of guardians to take the duties on themselves. 

Signed by order of the board, 

Henry Austin, Secretary. 



To the guardians of the poor of the severed unions and parishes 
named in the schedules hereunto annexed; — To the councils 
and other governing bodies of cities and boroughs, commis- 
sioners under local Acts, the surveyors of highways, their 
deputies and assistants, the trustees, county surveyors, and 
others, by law entrusted with the care and management of the 
streets, and public ways, and places within the said unions and 
parishes; — To the owners and occupiers of houses, dwellings, 
churches, buildings, and places of assembly within the said 
unions and parishes, and others having the care and ordering 
thereof ';— And to all to whom it may concern. 

Whereas by the provisions of the Nuisances Removal and Dis- 
eases Prevention Act, 1848, for the prevention of epidemic, endemic* 
and contagious diseases, and by virtue of an order of the lords of 
her Majesty's most honourable privy council, bearing date the 
128th day of September, 1848, directing that the said provisions of 
the said Act be put in force throughout the whole of Great Britain, 
we the general board of health are authorized to issue such direc- 
tions and regulations as the said board shall think fit for the 
prevention (as far as possible) or mitigation of epidemic, endemic, 
or contagious diseases : and whereas by the said Act it is provided 
that the directions ana regulations to be issued as aforesaid shall 
extend to all parts or places in which the said provisions of the 
said Act shall for the time being be in force, under the order of her 
Majesty's privy council, unless such directions or regulations shall 
be expressly confined to some of such parts or places, and then to 
such parts or places as in such directions and regulations shall be 
specified. 

Now in exercise of the authority vested in us as aforesaid, we 
the general board of health do issue the directions and regulations 
hereinafter contained, to extend to all parts and places within the 
several unions and parishes named in the schedule hereunto an- 
nexed, and to all extra-parochial places adjoining to such unions 
and parishes, viz. 

I. We direct that all councils and other governing bodies of cities 
and boroughs, commissioners under local Acts, surveyors, and dis- 
trict or assistant surveyors of highways, trustees, county surveyors, 
aud others, by law intrusted with the care and management of the 



Appendix* 76 

Streets, and public ways, and places, within the parts or places to 
which these directions and regulations extend, shall once at least in 
every twenty-four hours effectually cleanse all such of the streets. 
rows, lanes, mews, courts, alleys, and passages, and public ways and 
places, under their respective care and management, as by the 
medical officer of the guardians, or others authorized to superin- 
tend the execution of wis direction and regulation, shall be cer- 
tified in writing to be in a state dangerous to health, or to require 
frequent and effectual cleansing by way of precaution against 
disease ; and shall remove all filth, ordure, and nuisances therefrom. 

II. And where any such streets, rows, lanes, mews, courts, 
alleys, and any passages, public ways, or places, to which any 
houses or tenements adjoin, which have not been entrusted by law to 
the care or management of any council, commissioners, surveyors, 
trustees, or others, have been certified in writing, by such medical 
officer as aforesaid, to be in a state dangerous to health, or to re- 
quire such frequent and effectual cleansing, we direct that every 
occupier of a house or tenement so adjoining, shall keep or cause to 
be kept sufficiently cleansed, at least once in every twenty-four 
hours, such part of the street, row, lane, mews, court, alley, or 
passage, way, or place, as adjoins the house or tenement occupied 
by him. 

And we direct that all such works of cleansing and removal of 
filth, ordure, and nuisances as are required by these directions and 
regulations, shall be done in such manner by effectual washing or 
otherwise, and with the use of such fluids or substances for pre- 
venting the escape of noxious effluvia during the operation, as the 
medical officer 01 the guardians or others authorized to superin*- 
tend the execution of these directions and regulations shall think 
necessary and shall direct. 

III. We do hereby authorize and require the guardians of the 
said unions and parishes, by themselves or by their officers or 
persons employed under them in the administration of the laws for 
the relief of the poor, or by officers or persons specially appointed 
in this behalf, to superintend and see to the execution of the fore- 
going directions ana regulations within their respective unions and 
parishes, and in any extra-parochial places adjoining thereto re- 
spectively. 

IV. And farther, where it shall appear that by want or neglect 
of the council of any city or borough, commissioners, surveyors, 
-trustees, or others entrusted with the care and management as 
aforesaid, or by reason of poverty of the occupiers or otherwise, 
there may be any default or delay in the cleansing of or removing 
nuisances from any street, row, lane, mews, court, alley, passage, 
or public way, or place certified. as aforesaid, within any of the 
taia unions and parishes, or any extra-parochial place adjoining 
thereto, we authorize and require the guardians of such union or 
parish, to cause such street, row, lane, mews, court, alley, passage, 
way, or place to be effectually cleansed, and all nuisances to be 
removed therefrom, and to do all acts, matters, and things neces- 
sary for that purpose. 

V. We also direct as follows :— That, 

When and so often as any dwelling-house, in any part or place 
to which these directions and regulations extend, i» in such 
a filthy and unwholesome condition as to be a nuisance to 
or injurious to the health of any person ; or, 

b2 



76 Appendix. 

Where upon any premises, or any part or place as aforesaid-, 
there is any foul and offensive drain, ditch, gutter, privy, 
cesspool, or ashpit, or any drain, ditch, gutter, privy, cess- 
pool, or ashpit kept or constructed so as to be a nuisance 
to or injurious to the health of any person ; or, 
Where upon any such premises swine, or any accumulation of 
dung, manure, offal, filth, refuse, or other matter or thing 
is kept, so as to be a nuisance to or injurious to the health 
of any person: or, 
Where upon any such premises (being a building used wholly 
or in part as a dwelling-house) or being premises underneath 
any such building, any animal is kept so as to be a nuisance 
or injurious to the health of any person j 
In each of the above recited cases the owner or occupier, and 
persons having the care or ordering of such dwelling-house, or of 
the premises where the nuisance or matter injurious to health may 
be, snail cleanse, whitewash, or otherwise purify, as the case may 
require, such dwelling-house or building, or abate or remove the 
nuisance or matter injurious to health as aforesaid with all reason- 
able speed after the publication of these our directions and regula- 
tions, or after the nuisance or matter injurious to health shall have 
arisen. 

VI. In case, by reason of poverty or otherwise, the occupier of 
any such dwelling-house or premises is unable to perform any 
works required by these directions or regulations, such occupier 
shall give notice of such his inability to the guardians of the 
union or parish comprising the place wherein the premises shall 
be situated. 

VII. We authorize and require the guardians aforesaid, by 
themselves or by officers by them authorized in this behalf, — 

To see to the execution of the directions hereinbefore contained 
for the cleansing and purifying of dwelling-houses, and for 
the abatement and removal of nuisances and matters inju- 
rious to. health, in every case in which there shall not be a 
council or other governing body of a city or borough, or 
commissioners having jurisdiction for the removal of nui- 
sances, or where such council, governing body, or commis- 
sioners shall not cause to be effectually executed such 
directions ; and, for that purpose, 

To visit ? from time to time, or cause to be visited, the several 
dwellings and places where there may be ground for believ- 
ing that necessity will arise for executing such directions. 

VIII. And in every case in which, from the poverty of occupiers 
or otherwise, there may be default or delay In the cleansing or 
purifying of any such dwelling-house, or in the abatement or 
removals any such nuisance or matter injurious to health, and 
the medical officer, or other person duly authorized as aforesaid, 
shall certify that the same requires immediate attention. 

We authorize and require such guardians to cause such dwelling- 
houses to be cleansed and purified, and such drain, ditch, water- 
course, or gutter to be frequently and effectually cleansed, and 
such nuisance or matter injurious to health to be abated and re- 
moved respectively, and to do all acts and provide all matters 
and things necessary for that purpose. 

IX. And we do further authorize and require the guardians to 
direct their clerk to make out, from the register of deaths pr from 



Appendix. 77 

the district medical relief books, and from any public books or 
other sources from which information may be obtained within the 
union or parish, a list of places where epidemic, endemic, and con- 
tagious diseases have of late been frequent. 

a. And we authorize and require such guardians to cause the 
medical officers employed by them, or specially appointed for the 
purpose, to visit the places, of which a list shall be made out as 
aforesaid, and all sucn neighbouring and other places within such 
union or parish, as shall appear to such medical officers (from being 
under like circumstances with the places included in such list or 
otherwise,) to require visitation or examination. 

XI. And each such medical officer shall, where it may be neces- 
sary, certify in writing to the board of guardians, and to the sur- 
veyors, trustees, occupiers, or others required to execute these 
directions and regulations, all such places as are in a state danger- 
ous to health, or need frequent and effectual cleansing by way of 

S reservation against disease, and such dwelling-houses as are in a 
lthy and unwholesome condition, and all such nuisances and 
matters injurious to health as ought to be abated, cleansed, and 
removed under these regulations. 

XII. And each such medical officer shall forthwith, upon any 
case of cholera or of typhus, or other epidemic, endemic, and con- 
tagious diseases becoming known to him within the parish, union, 
or district under his visitation, report the same to the board of 
guardians. 

. XIII. And we do hereby authorize and direct the said guardians, 
where it may appear needful, to appoint such additional medical 
officers, and also to appoint such other officers as may be necessary 
to execute and superintend the execution of these regulations, and 
to publish and circulate by printed handbills, or other means, 
notices of the provisions of the said Act for the prevention of nui- 
sances, and of our regulations and instructions, or of such part of 
any of them at it may appear desirable to make publicly known. 

aIV. And we hereby direct that in these directions and regula- 
tions the words " guardians of the poor " shall mean the guardians, 
directors, wardens, governors, or other like officers having the 
management of the poor for any union, parish, or place, where the 
matter requiring the cognizance of any such officers arises ; and the 
word " parish '"shall include every place where the relief of the 
poor is administered by a board of guardians for such place. 

Given under our hands, and under the seal of the general 
board of health, this third day of November, one thou- 
sand eight hundred and forty-eight. 

Carlisle. 
Edwin Chadwick. 
T. Southwood Smith. 

(The schedules referred to contain the names of the unions and parishes to which 
the order is addressed, and are not thought necessary to be inserted here.) 



78 Appendix* 



Directions and Regulations issued bt the General 
Board of Health to Towns in which the Cholera 
has appeared. 

Whereas by an Act of the 11th & 12th Vict. c. 133, intituled 
" An Act to improve and amend an Act of the tenth year of her 
present Majesty, for the more speedy removal of certain nuisances, 
and the prevention of epidemic and contagious diseases/' the 
general board of health is empowered to issue such directions and 
regulations for carrying into effect the provisions of the said Act 
as to them may seem fit: now we, the said general board of health, 
do hereby authorize and direct the parochial boards for the ma- 
nagement of the poor in the following parishes in and near Edin- 
burgh—namely, the city of Edinburgh, St. Cuthbertfs, Canongate, 
North Leith, and South Leith— to execute, or see to the execution 
of, the directions and regulations following, viz. : — 

1. We hereby authorize and require the said parochial boards to 
provide dispensaries in suitable stations with sufficient medical 
aid, such dispensaries to be accessible at all times, by night and by 
day, to persons requiring medical aid for themselves or others 
attacked by cholera, or by any of its premonitory symptoms ; and 
to provide the medicines to lie distributed to such applicants at 
* such dispensaries, and such medicines and cordials as may be 
required elsewhere hi their respective parishes, for necessitous per- 
sons attacked as aforesaid who may be under medical treatment. 

3w And we do farther authorize- and require the parochial boards 
of the said parishes and places to make arrangements for the dis- 
tribution ofnotices, stating the places where the- dispensaries shall 
have been provided. 

3. Whereas it has heretofore been fotfnd to beinrpracticable to 
ensure proper treatment m their own houses to many of the poorer 
classes, we authorize and require the said parochial hoards respec- 
tively to provide houses or suitable rooms, capable of accommo- 
dating necessitous cases, to which persons attacked by cholera who 
cannot be properly treated in their own houses, may be conveyed. 

4. We authorize and require the said parochial boards to provide 
houses of refuge, to whicn may be removed the families of such 
necessitous persons as have been attacked with cholera, and also 
sueh necessitous persons living under the same room, or in the 
vicinity of persons so attacked, as the medical officers acting 
under the authority of the said parochial boards may deem it 
necessary to remove j the houses, rooms, or dwellings from -which 
persons may have been so removed to the houses of refuge, to be 
cleansed and purified by the owners or persons having the care or 
ordering thereof, or, in their default, by the said parochial boards 
respectively. 

5. And we hereby authorize and require the said parochial board 
to provide for the frequent visitation by themselves or their officers, 
or such person as they may appoint m this behalf, of the several 
houses and dwellings throughout the bounds of their several 
parishes, and to inquire into the condition and matters affecting 
the health of the inmates of such houses and dwellings respec- 



Appendix. 79 

tively, aad their liability to contagious, epidemic, or endemic dis- 
eases, and especially as to the existence among them of bowel com- 
plaints. 

6. And we authorize and require the said parochial board, on 
their own inspection, or the report of the officers or persons by 
whom such visitations may be made, or other information which 
they may acquire from their own committees, or from visitors or 
others, as to the condition of the poor who may be affected with or 
threatened by the cholera or other epidemic disease, to supply such 
medical aid as may appear requisite. 

7. And we hereby authorize and require the parochial board, or 
the officer or person visiting as aforesaid, subject to the special 
instructions of the parochial board, in each case where symptoms 
are found of a premonitory attack of bowel complaint, to send the 
person so affected to the nearest dispensary within the bounds of 
the parish, or, where that they may be inexpedient, to despatch 
some member of the family or other person for advice and medical 
aid, and immediately report to the medical officer the case of every 
such person found so affected who shall not have proceeded to the 
dispensary. 

8. And we do authorize and direct the several parochial boards 
to make arrangements for obtaining daily lists of persons attacked 
by cholera within their respective parishes, with the particulars of 
their case and treatment, and for communicating the same daily 
to the other boards respectively, and to the president of the Royal 
College of Physicians of Edinburgh. 

9. And we do hereby authorize and direct the said parochial 
boards to appoint such additional medical officers, and also to ap- 
point such other officers as may be necessary to carry out, execute, 
and superintend the execution of these regulations. 

. Given under our hands, and under the seal of the general 
board of health, this 20th day of October, 1848. 

Edwin Chadwicx. 
T. Southwood Smith. 



DOCUMENTS ISSUED BY THE POOR LAW BOARD. 



Poor Law Board, Somerset House, 
October 6th f 1848. 

Sir. — The poor law board desire to call the attention of the 
guardians to the provisions of the statute, the 11 & 12 Vict. c. 128, 
passed in the last session to renew and amend the Act of the tenth 
year of her Majesty for the more speedy removal of certain nui- 
sances, and the prevention of contagious and epidemic diseases. 

The guardians will remember that the poor law commissioners, 
by a circular letter dated October, 8, 1846, brought the provisions 
of the 9 & 10 Vict. c. 96, under the notice of the guardians. 



80 Appendix* 

The object of the statute Is twofold. It provides (1) for the 
more speedy removal of certain nuisances ; and (2) for the pre- 
vention of contagious and epidemic diseases ; but the provisions 
for the latter object do not take effect till called into action by an 
order from the privy council. 

The 1st section enacts, that upon receipt (or as soon afterwards 
as can be) by certain bodies therein enumerated, or by any 
guardians of the poor, of a notice in a form set forth in a sche- 
dule to the Act, or to the like effect, signed by two or more 
inhabitant householders of the parish or place to which the notice 
relates, stating — 

That to the best of their knowledge and belief any dwelling- 
house or building in any city, town, borough, parish, or 
place within or over which the jurisdiction or authority of 
such bodies or guardians extends, is in such a filthy and 
unwholesome condition as to be a nuisance to, or injurious 
to the health of any person, 

Or that upon any premises within such jurisdiction or autho- 
rity there is any foul and offensive ditch, gutter, drain, 
privy, cesspool, or ashpit, or any ditch, &c. kept or con- 
structed so as to be a nuisance to, or injurious to the 
health of any person, 

Or that upon any such premises swine, or an accumulation 
of dung, manure, offal, filth, refuse, or other matter or 
thing are or is kept so as to be a nuisance to, or injurious 
to the health of any person, 

Or that upon any such premises (being a building used 
wholly or in part as a dwelling-house), or being premises 
underneath any such building, any cattle or animal are or 
is kept so as to be a nuisance to or injurious to the health 
of any person, 

Such bodies or guardians, or some committee thereof appointed 
in this behalf by such bodies or guardians, shall, after twenty- 
four hours' notice in writing delivered to some person on the 
premises, or if there be no person there, affixed on some part of 
the premises (or in case of emergency without notice) by them- 
selves, their servants or agents, with or without medical or other 
assistants, enter and examine the premises with reference to the 
matters alleged in the notice of the complainants, and do all that 
may be necessary for such purpose ; and if upon such examination, 
or upon the certificate of two legally qualified medical practi- 
tioners, the existence of the nuisance appears, such body or 
guardians shall thereupon lay a complaint before a justice of the 
peace, who shall summon the owner or occupier to appear before 
two justices to answer such complaint. 

Such justices are then required, if the existence of the nuisance 
is proved to their satisfaction, to make an order for cleansing, 
whitewashing or purifying such dwelling-house or building, or 
for the removal or abatement of the cause of complaint in such 
manner and within such time as shall be appointed. 



Appendix. 81 

i This order is to be served in the same manner as the summons, 
and if not complied with, the owner or occupier against whom it 
is made will be liable to a penalty not exceeding ten shillings for 
each day of default, and the guardians or other body mentioned 
therein shall themselves or by their servants enter the premises 
and cleanse them or remove the cause of complaint, and do all 
that may be necessary for carrying such order into effect. 

Any dung, manure, or other thing which is removed may be 
destroyed or sold, and if sold the proceeds shall be paid to or re- 
tained by the guardians, and shall be applied by them in aid of 
the poor rate of the place in which the removal shall have been 
made. 

It should be mentioned, that the statute provides, in s. 16, that 
whosoever shall wilfully obstruct any person acting under the 
authority or employed in the execution of the Act, shall be liable 
to a penalty not exceeding five pounds for each offence. 

Sect. 3 provides, that the costs and expenses reasonably incurred 
in obtaining the order or carrying it into effect, may be recovered 
from the owner or occupier of the premises in respect whereof 
they have been incurred as a debt in die county court, or by sum- 
mary process before two justices, unless such justices shall think 
fit to excuse such person upon the ground of poverty or other 
special circumstances. 

The statute then enacts, in sect 4, that all costs and expenses 
reasonably incurred as aforesaid in carrying into effect any of these 
provisions, and not recovered from the owner or occupier of the 
premises in respect whereof they have been incurred, shall, upon 
an order of two justices, be retained, paid, or defrayed by the 
treasurer of the guardians or by the overseers of the poor out of 
the funds in their hands applicable to the relief of the poor, and 
shall be charged to the parish or place wherein the premises in 
respect whereof they have been incurred shall be situated. By the 
same section provision is made for the payment of these costs 
when incurred in extra-parochial places. This order, if not 
obeyed within twenty-one days, is to be enforced by a warrant of 
distress. 

The guardians will perceive that this provision extends, as the 
similar one in the former Act did, to the expenses incurred by any 
party authorized to take proceedings, and consequently is not 
confined to expenses incurred by themselves. 

By section 7, the drainage of filth, &c, from houses not occu- 
pied before the 4th of September, 1848, into open ditches so as to 
occasion a nuisance to or to be injurious to the health of any per- 
son, will subject the occupier to a penalty of five pounds per day 
during the continuance of the offence, and he may also be indicted 
for a misdemeanor. 

There is a like provision with respect to drainage from water- 
closets or privies constructed after the 4th of September, 1848, 
and the penalties in that case will attach whether the privy or 
watercloset so constructed be attached to a house occupied before 
or after that day. 

Ed 



82 Appendix. 

The statute requires each or any of the several bodies named 
in it to take proceedings upon receiving such a notice as has been 
described from competent parties. As, however, the guardians 
will have to pay the expenses of the proceedings wherever (as 
must frequently be the case) they are not recovered from the owner 
or the occupier, it will be most expedient for them to have the 
conduct of the whole matter. They will do well therefore to pro- 
mote rather than to discourage applications being made to them 
under the statute. 

It is also desirable that the guardians should be aware, that by 
the interpretation clause, s. 22, the words " guardians of the poor*' 
mean " the guardians, directors, wardens, governors, parochial 
board, or other like officers having the management of the poor 
for any union, parish or place, where the matter requiring the 
cognizance of any such officers arises;" and the word " owner 9 * 
means any person receiving the rents of the property in respect 
of which that word is used from the occupier of such property 
on his own account, or as trustee or agent for any other person, 
or who would receive the same if such property were let to a 
tenant." 

The board think it may be useful to advert briefly to the chief 
points of difference regarding the removal of nuisances, between 
the present Act and that which has just expired. 

By the present Act a notice from two householders is sufficient 
to enable the guardians to act; by the late Act a certificate signed 
by two duly qualified medical practitioners was needed, before the 
guardians could act. By the present Act it is made imperative on 
the guardians or other bodies to whom notice is given to proceed 
forthwith in the manner prescribed ; by the late Act it was dis- 
cretionary with the guardians and other bodies, whether they 
would take the proceedings for the abatement of the nuisance. 
By the present Act a penalty of ten shillings is imposed upon 
the owner or occupier who disobeys an order of justices, for every 
day he makes default ; by the late Act no such pecuniary penalty 
was imposed : by the present Act to enable the guardians or other 
bodies to determine whether proceedings ought to be taken or not, 
an entry of the premises for the purpose of examination, is autho- 
rized ; by the late Act a right of entry only was given to enforce 
the order of justices when made. Under the present Act express 
powers are given for distraining a defaulter's goods wherever they 
may be found. The Act also authorizes dung, &c. found on the 
premises to be destroyed or sold. These powers were not given 
by the late Act; the present Act distinctly assigns duties to the 
guardians and poor law officers as well as to surveyors and others 
charged with the management of roads and surface cleansing 
The provision for this purpose is new. 

The former was a temporary Act; the present is permanent. 
The present, like the former Act, is applicable to. the whole of the 
united kingdom. The only exception is in the cases of "districts" 
formed under the Public Health Act, where, in order to prevent 
conflicting jurisdiction, a discretion will be exercised by the general 
board of health as to how far the present Act shall be applied. 



Appendix. 83 

The guardians will observe that by the second part of the Act 
the board of health are charged with the duty of preparing regu- 
lations which the union and parochial officers are required to en- 
force, in the event of the country being afflicted or threatened with 
any formidable epidemic, endemic, or contagious disease. 

The progressive advance of a formidable epidemic to the western 
part of Europe, has, in the opinion of government, rendered ne- 
cessary the enforcement of the Act. An order in council has 
accordingly been issued for putting it in force throughout the 
kingdom. 

The guardians, and the union and other local officers must now 
therefore, in compliance with these provisions, act upon all regu- 
lations which they may receive from the general board of health, 
for such places as that board may deem to require them ; and on 
all questions regarding the execution of this part of the Act, the 
guardians may communicate directly with the general board of 
health. 

It must be stated to the guardians that on the subject matters of 
the present Act, and on the means for the prevention both of dis- 
ease and of the destitution arising from sickness and premature 
mortality, the general board of health propose to communicate 
information specially adapted for the guidance of medical and 
other officers, by means of an official circular, which will be 
issued in the same form, and may be taken at the discretion of 
guardians, in the same manner as the official circular of the poor 
law board. 

While upon the subject of this statute, which relates to the pre- 
vention of disease, the board think it well to mention, though it 
does not immediately affect the guardians,, that by sect. 67 of the 
Public Health Act, the churchwardens and overseers are required 
from time to time, after the passing of that Act, to give public 
notice as to the provisions with respect to the occupation of cel- 
lars and underground rooms, and that these provisions are impe- 
rative, whether the Public Health Act is in force within their 
parish or not. 

In conclusion, the board think it desirable to repeat tbe follow- 
ing observations of the late commissioners, made in their circular 
letter of the 8th October, 1846 : 

" The improvement of the sanitary condition of the poorer 
classes tends so greatly to remove many of the causes of destitu- 
tion and pauperism, that the money judiciously expended on 
such an object, now sanctioned by the legislature, in the cases to 
which the statute applies, will be found to be most profitably laid 
out, even in reference to the more direct object of the duties of 
the guardians." 

I am, Sir, your obedient servant, 

W. G. Lumlev, 

To the Clerk to the Assistant Secretary. 

Board of Guardians, 



84 Append**. 



Poor Law Board, Somerset House, 
6th November, 1848. 

Sib,— I am directed by the poor-law board to forward a copy of 
the directions and regulations issued by the general board of hearth 
under the provisions of the " Nuisance Removal and Diseases Pre- 
vention Act, 1848/' and which were published in the supplement to 
the "London Gazette" on Saturday last.* 

It will be seen that your union is one of those in which these 
directions and regulations are to be put in force, and the poor law 
board trust that the guardians will give their immediate and careful 
attention to them. 

The 10th section of the Act referred to (the 11 & 12 Vict. c. 128), 
requires the guardians to carry these directions and regulations into 
execution; and the 14th section, though enabling them to call 
upon the existing officers to act in the matter, gives the guardians 
authority to appoint other persons to aid their officers in the dis- 
charge of these new duties. 

The guardians must determine for themselves how far such addi- 
tional assistance will be requisite, but the poor law board deem it 
right to advert to the circumstance that the present season of the 
year k that which usually demands the greatest amount of labour 
from the union officers in the performance of their ordinary duties ; 
and consequently some assistance may be required at the present 
time, which may be well dispensed with after the winter has 



The board wish to remind the guardians that the expenditure 
incurred in carrying the directions and regulations in question into 
execution must be borne by the common fund, and the board think 
it desirable that a separate account should be kept in the union 
ledger of the items of this expenditure, so that it may be distin- 
guishable from the cost of the ordinary relief of the poor. 

The board also transmit a copy of a notification published by 
the general board of health on tne 31st ultimo in reference to the 
carrying into execution of their directions and regulations, and the 
poor-law board recommend this document also to the attentive 
consideration of the guardians, t 

The guardians wiB perceive that some of the passages in the 
notification refer to regulations which have not been issued to their 
union. 

I am, Sir, your obedient servant, 

W. G. Lumley, Assistant Secretary. 
To the Clerk of the Board of Guardians. 

* For the directions and regulations referred to, see page 74. 

t Extracts from the document referred to will be found at page 70. 



Appendix. 85 * 

The following notice, in respect to the provisions of the Act, is 
recommended to be made public by the boards of guardians in their 
several unions. 

Removal of Nuisances. — Notice,— I am instructed by the board 
of guardians to make known throughout this union that the Act 
passed In the last sessions of parliament to renew and amend an 
Act of the tenth year of her present Majesty, for the more speedy 
removal of certain nuisances, and the prevention of contagious 
and epidemic diseases, confers upon them the power, by them* 
selves, their servants or agents, (upon receipt of a notice in 
writing signed by two or more inhabitant householders of the 
parish or place to which the notice relates, stating that, to the 
nest of the knowledge and belief of the persons by whom such 
notice is signed, any dwelling-house or building is in such a filthy 
and unwholesome condition as to be a nuisance to or injurious to 
the health of any person, or that upon any premises there is any 
foul and offensive ditch, gutter, dram, privy, cesspool, or ashpit, 
or any ditch, gutter, drain, privy, cesspool, or ashpit, kept or con- 
structed so as to be a nuisance to or injurious to the health of any 
person, or that upon any such premises swine, or any accumu- 
lation of dung, manure, offal, filth, refuse, or other matter or 
thing, are or is kept so as to be a nuisance to or injurious to the 
health of any person, or that upon any such premises, being a 
building used wholly or in part as a dwelling-house, or being 
premises underneath any sucn building, any cattle or animal are 
or is kept so as to be a nuisance to or injurious to the health of 
any person.) 

To enter such premises and examine the same with respect 
to the matters alleged in such notice, and, if necessary, to 
make a complaint before a justice, who shall thereupon 
summon the owner or occupier to appear before two 
justices. 

And such justices are empowered, 

To make an order for cleansing, whitewashing, or purifying 
such dwelling-house or building, or for tne removal or 
abatement of any such cause or causes of complaint, in 
such manner and within such time as shall be specified in 
such order. 

If such order be not complied with, the owner or occupier 
against whom it is made will be liable to a penalty not exceeding 
ten shillings for every day during the continuance of his default, 
and the guardians, by themselves or agents, are authorized to 
enter such premises and cleanse, whitewash, or purify the same or 
remove or abate the cause or causes ox complaint in respect 
whereof the said order was made. 

The costs and expenses incurred by the guardians, may be re- 
covered from the owner or occupier of the premises in the county 
court, or before two justices, by distress and sale of the goods and 
chattels of such owner or occupier. 

Whosoever shall wilfully obstruct any person acting under the 
authority of the Act of parliament, is made liable for every such 
offence to a penalty not exceeding nve pounds. 

All penalties imposed by the Act may be recovered by any 



86 Appendix. 

person before any two justice*, and may be levied by distress and 
sale of the goods and chattels of the offender. 

It is expedient that all such dwelling-houses and premises as 
are before mentioned, should forthwith be cleansed and white- 
washed, and every nuisance or cause of complaint mentioned in the 
Act removed. 

The board of guardians therefore trust that all owners and 
occupiers of property within this union, will, without delay, in 
eases wherever it is required, do that which the law demands, for 
it cannot be too strongly impressed on the minds of owners and 
rate-payers, that the improvement of the sanitary condition of the 
poorer classes tends greatly to remove many causes of destitution 
and pauperism. 

The board of guardians are, and will at all times be prepared, to 
put the Act in immediate operation in every case of neglect, upon 
receipt of a notice in writing, sloped by any two inhabitant house- 
holders, and the board request the co-operation of the inhabitants 
generally throughout the union in the furtherance of so desirable 
an object. 

A form of notice may be had on application to me at my office. 

Clerk to the board of guardians, 

To Union. 



INDEX. 



A. 

PAGE 

Act not to apply to places under Public Health Act- - 21 

Allowances to medical member of general board of health 30 

Application of penalties ...... 46 

of proceeds of sale of sewage .... 23 

Appointment of medical member of general board of health 39 

of officers of health by guardians - ... 41 

Assessment in Scotland, when to be made 42 

B. 

Board of supervision, to compel execution of directions of 

general board of health .... - 39 

C. 

Chloride of zinc, use of, as a disinfecting agent- 27 

Cholera cases, mode of treatment of .... 34 

Cholera Acts -......-26 

Churches, ventilating of ...... 27 

Cleansing of streets, &c. ...... 27 

Commissioners of health, in Ireland, appointment of, by lord 

lieutenant --...--38 

to issue directions and regulations for the prevention 

of epidemic diseases ..... 26 

Commissioners for paring, ke. to take proceedings for 

removal of a nuisance ..... 1 

Commissioners of police in Scotland to take proceedings for 

removal of nuisances ----- 11 

Commissioners of sewers to take proceedings for removal of 

a nuisance --.---- 2 

jurisdiction of, not to be impaired by Act 21 

Complaint against owner or occupier of premises, - - 7, 13 

Contagious diseases, regulations for prevention of 26 
Costs of carrying Act into effect to be defrayed out of poor 

rates 19 

Costs, excusal of payment of- ..... 17 



88 Index. 

# PAGE 

Costs, recovery of ------- 15 

County court, recoyery of costs in - - - - - 16 

D. 

Dean of guild, to take proceedings for removal of nuisances 

in Scotland- 13 

Disinfecting agents -----.-27 

Disposal of offal, &c. -----. 10, 15 

Ditches along sides of highways to be cleansed by surveyors 

of highways- ------ 22 

Drainage into open ditches from new houses a misdemeanor 28 
Dung, Sec. disposal of - - - - - - 10, 15 

E. 

Entry upon premises, powers of town council in respect to, 

to examine whether nuisance exists - - 6, 13 

power of, to execute directions of general board of 

health 41 

Epidemic diseases, privy council to direct provisions of Act 

in respect to, to be put in force 25 

regulations for prevention of - - - - 26 

Examination of premises where nuisance alleged to exist - 6, 13 

Expenses of guardians, how to be paid 42 

Expenses, payment of, in Scotland, in parishes where there 

is no assessment for relief of the poor 42 

Extra-parochial place, costs incurred in respect of, how to 

be charged ----- - 19 

execution of directions of general board of health in 33 

payment of expenses incurred in regard to 42 

F. 

Fever hospitals, notice of intention to open, to be given to 

general board of health 24 

opening of, in workhouses - - - - - 24 

G. 

Gazette, orders of privy council, &c. to be published in - 43 

General board of health, notice of intention to build or open 

fever hospitals to be given to 24 

to issue directions and regulations for the prevention 

of epidemic diseases ----- 26 

may require guardians, &c. to superintendand execute 

directions, &c. - - - - - - 33 



Index. 89 

PAGE 
General board of health, to what places directions of, shall 

extend ...---.35 

appointment of medical member of - - - 39 

directions of , to be enforced by poor law commissioners 

and board of supervision 39 

directions and regulations of, to be laid before par- 
liament and gazetted - • 43 

Guardians of the poor, to take proceedings for removal of a 

nuisance ------- 2 

duty of, when paupers are attacked with fever - 10 

to superintend execution of directions of general 

board of health - - - - - - 33 

to supply medicines and medical aid - - 33 

powers of, to enter upon premises to execute 

directions of general board of health - - 41 

to appoint officers ------ 41 

expenses of, how to be paid- - - - - 42 

interpretation of term- ----- 49 

H. 

Highways, ditches at sides of, to be cleansed by surveyors 22 
Highway Acts, certain provisions of this Act to be deemed 

part of -------28 

Hospitals (fever), notice of intention to build or open, to be 

given to general board of health 24 

Houses not before inhabited, drainage from, into open ditches 23 

cleansing of ------- 27 

I. 

Informations, how to be laid by corporate bodies 5 
Inspector of the poor in Scotland to take proceedings for 

removal of nuisances ----- 12 

Interment of the dead -------27 

Interpretation of terms in Act ----- 48 

J. 

Joint owners, proceedings against ----- 46 
Jurisdiction of commissioners of sewers not to be impaired 

by Act 21 

Justices, powers of, to order nuisance to be removed - 9, 14 
Justices of the peace in Scotland to take proceedings for 

removal of nuisances - - - - - 12 

Justices to order payment of certain costs out of poor rates 19 



90 Index. 

PAGE 

Justices, power of, to require occupier to permit owner to 

execute works ------ 44 

Justice, interpretation of term - - - - 48 

L. 

Legal medical qualification in England - - - - 7 

in Scotland ------- x3 

Lord Lieutenant to direct provisions of Act in respect to 

epidemic diseases to be put in force 26 

in Ireland, appointment of commissioners of health by 89 

M. 

Magistrates, interpretation of term 49 

Manure, &c. disposal of - - - - - 10, 15 

Medical aid to persons afflicted with epidemic diseases - 33 

Medical certificate of state of premises - - - *- 7, 13 

Medical member of general board of health, appointment of 39 

allowances to------- 39 

Medical men, appointment of, to attend epidemic cases of 

disease .---.-.41 

Medical practitioners to sign certificate - - - - 7, 13 

Medical qualification, what is a legal - - - - 7, 13 

Medicines, supply of -------33 

Misdemeanor, drainage into open ditches from new houses 

shall be a -------23 

Mode of citing Act -----.-50 

N. 

'Notice of a nuisance existing, who to be signed by - - 3, 12 
Notice as to nuisance existing, service of- - - - 7, 13 
Nuisance, what is to be considered a - - - - 4, 12 

O. 

Obstructing execution of Act, penalties for - 4 -43 

Occupier, service of summons to appear - - - - 8, 14' 

recovery of costs from ----- 15 

power of justices to compel, to allow owner to execute 

works ---.---44 

not necessary to describe him by name in proceedings 47 

Offal, &c. disposal of ------ -10, 15 

Officers, appointment of, by guardians 41 



Index. 91 

PAGE 

Officers of health in Ireland to take proceedings for removal 

of a nuisance ------ 3 

Open ditches, drainage into, from new houses - 28 

Open drains, in parishes not under a board of health, course 

of proceeding ------ n 

Order for removal of nuisance, to he made by justices, or, in 

Scotland, by sheriff * - - - - 9, 14 

service of - - - - - - - - 9, 14 

Overseers, in parishes not under a board of health, may 

cover up drains, &c. ----- n 

may, in certain cases, execute certain works - - 11 

Owner, service of summons to appear - - - - 8, 14 

recovery of costs from ----- 15 

not necessary to describe him by name in proceedings 47 

interpretation of term- ----- 49 

Owners (Joint), proceedings against - ... 46 

P. 

Parliament, orders, &c. to be laid before - - - - 43 

Parochial boards to superintend and execute directions of 

general board of health- .... 33 

to supply medicines and medical aid - - - 38 
Parochial board, interpretation of term 49 

Penalties, on owner or occupier for not removing nuisance 

when ordered - - - - - - 9, 15 

for obstructing execution of Act 48 

recovery of -------46 

application of ------ -46 

Person, interpretation of term ----- 49 

Poor law commissioners, powers of, to compel execution of 

directions of general board of health 39 

Poor rates, what expenses are to be defrayed out of - - ' 19 

expenses of guardians to be paid out of- - - 42 

penalties to be applied in aid of - - - - 46 

Power of entry upon premises to execute direction! of general 

board of health ------ 41 

Privy council to direct provisions of Act in respect to epi- 
demic diseases to be put in force 26 
orders of, to be laid before parliament and gazetted 43 
Proceedings not to be quashed for want of tbrm - - 47 

Proceedings commenced under 9 & 10 Vict. c. 96, may be 

enforced -------48 

Proceeds of sale of sewage, application of 23 



92 Index. 

PAGE 
Procurator fiscal to take proceedings for removal of nui- 
sances in Scotland ..... 12 

Public Health Act, 1848, Act not to apply to places under 21 

Public ways, cleansing of ----- - 27 

B. 

Recovery of costs ------ 15, 20 

Recovery of penalties -------45 

Refuse, &c, disposal of ..... 10, 15 

Removal of nuisances in England and Ireland, proceedings 

in regard to------ 1 

in Scotland, proceedings in regard to - - - 11 

Removal of nuisances under directions of general board of 

health 27 

S. 

Schedule (A) 51 

(B) 52 

(C) 54 

(D) 56 

Service of order for removal of nuisance - - - - 9, 14 

Sewage, application of proceeds of sale of - - - 29 

Sheriff, power of, to order nuisance to be removed 14 

to order payment of certain costs out of poor rates - 20 

interpretation of term - .... 48 

Streets, cleansing of -------27 

Street, interpretation of term- ----- 49 

Summons to owner or occupier, service of - - - 8, 14 

Surveyors of highways to cause ditches, &c. to be cleansed- 22 

T. 

Town council to take proceedings for the removal of a 

nuisance ------- 1 

Treasurer of guardians or parochial board to pay costs of 

carrying Act into effect- - - - - 19 

Trustees for paving, lighting, &c. to take proceedings for 

removal of a nuisance ----- 1 

W. 

Wells, sinking of, by overseers - - - - - 11 

Workhouses, opening fever hospitals in - ... 25 



London : Printed by Shaw and Rons, Fetter Lane. 



12 * 13 VICTORIA, Cap. 111. 



AN ACT 



TO AMBfflD THE VXJTBAXCVB BBM0V1L AKD IHSHASBS 

PREVENTION ACT, 1848. 



1st August, 1849. 

Sect. 1. This Act to be construed with Nuisances 
Removal and Diseases Prevention Act, 1848, as one 
Act] Whereas it is expedient that the Nuisances Re- 
moval and Diseases Prevention Act, 1848, should be 
amended, and that the powers of the general board of 
health in relation to certain of the purposes of that Act 
should be extended: Be it therefore enacted by the 
Queen's most excellent Majesty, by and with the advice 
and consent of the lords spiritual and temporal, and 
commons, in this present parliament assembled, and by 
the authority of the same, that this Act shall b6 
deemed to be part of the Nuisances Removal and 
Diseases Prevention Act, 1848, and shall be construed 
accordingly. 

Sect. 2. Power to summon witnesses, $c. in certain 
cases.'] And be it enacted, that it shall be lawful for 
the general board of health, or any two of the members 
thereof,. from time to time as such board shall see 
oocaskm, to require, by summons under the seal of the 
said board, or if by two only of the members of such 
board (a) then under the hands of such two members 

• (a) This empowers any two members though not acting as a 
board, of their own authority, to issue the summons, provided 
it be sealed with the seal of the board in addition to its being 
signed by each two members. 

9 



2 12&18 Viet. e. Ill, e.2. 

and the seal of the said board, (according to the form 
in the schedule annexed to this Act or as near 
thereto as the case will permit,) any person to appear 
before such board to testify on oath the truth touching 
any matters respecting which the said board are now or 
may hereafter be authorized to inquire (which oath 
any member of the said board is hereby empowered to 
administer) (b). 

Penalty for not appearing, or refusing to he sworn.] 
And every person who, after tender (i) of reasonable 
expenses in that behalf, shall not appear pursuant to 
such summons, or shall not assign some reasonable 
excuse for not so appearing (d), or refusing to be sworn 

(6) No power was conferred by the Act of 1848 (11 & 12 Vict, 
c. 123,) upon the general board of health to summons persons to 
appear before them, or to inquire into any matters affecting the 
public health or the removal of nuisances. * Under the Public 
Health Act, 1848, that board is only empowered to direct a 
superintending inspector to visit any city, town, borough, parish, 
or place, and to make public inquiry and examine witnesses, upon 
certain matters relating to drainage, supply of water, burial 
grounds, and boundaries, preliminary' to the application of that 
Act by order in council or provisional order (ss. 9, 1 0). The only 
mutter which the general board of health is authorized by this 
Act to inquire into is, the state of burial grounds in any part of 
England and Wales excepted from the powers of the Public Health 
Act, 1848, or in any populous city or town to which for the time 
being that Act has not been applied, with the view to directing 
measures of precaution to be taken (s. 9 et seq.), but no general 
power to inquire into questions affecting the public health or 
existing nuisances is conferred upon the board by this Act or by 
the former one. 

(c) The tender of reasonable expenses ought to be made when 
the summons is served upon the party, or, at all events, a reason- 
able time before the time when the party is required to appear to 
the summons. 

(4) The excuse must be " reasonable/' and should be assigned 
by letter, or otherwise, at the time when the party ought to have 



Prosecutions for Violation of Regulations. 3 

or examined, shall, upon being convicted thereof before 
one of her Majesty's justices of the peace or the sheriff 
for the county or place at and within which such person 
shall have been by such summons required to appear 
and give evidence shall be situate, for every such 
neglect or refusal forfeit a sum not exceeding twenty 
pounds, 

• Sect. 8. Secretary of board of health may institute 
and carry on prosecution for violation or neglect of 
regulations.] (e) And be it enacted, that the secretary 
of the general board of health may, on the order of the 
said board, sealed with the seal of such board, and 
signed by any two members thereof, prosecute any 
person for wilful violation or neglect (/) of any direc- 

appeared to the summons. It wUl be for the justices or sheriff before 
whom proceedings are taken for the enforcement of the penalty, to 
determine whether the excuse was " reasonable." Illness of the 
party summoned, or dangerous illness of a relative upon whom 
he is in attendance, or urgent private or other public business, would 
-all seem to be reasonable excuses for not appearing when summoned. 

(«) Under the 11 & 12 Vict. c. 123, s. 12, the poor law board, 
the commissioners for administering the laws for relief of the poor 
in Ireland, and the board of supervision for relief of the poor in 
Scotland, were empowered to ,raquire the officers and persons 
acting under them to inquire into,: superintend, and report upon 
the execution of the directions and regulations of the general 
.board of health, and to enforce and direct the execution of such 
directions and regulations. But this and the following section, 
though they do not impair the powers of the central poor law 
authorities, directly empower the secretary of the general board 
of health, and the local poor law authorities, to prosecute or 
direct any prosecutions or legal proceedings for or in respect of 
the wilful violation or neglect of any direction or regulation issued 
by the general board of health, or of the commissioners of health 
in Ireland. See note (?) to section 12 of the 11 fc 12 Viet, 
c. 123, page. 40- 

(/) See note 0% page 6. 

b2 



4 12^13 Tie*, clll,*. 4. 

tion or regulation issued by such board under the 
Nuisances Removal and Diseases Prevention Act, 
184807). 

Application of penalties.] And all penalties sued for 
and recovered by such secretary shall, notwithstanding 
anything contained in the last-mentioned Act, be paid 
to him, and be applied in defraying the costs and ex- 
penses incurred by him in such prosecutions, and the 
balance (if any) shall be applied in such manner as the 
lords commissioners of hear Majesty's treasury shall 
direct (A); and if the penalties so recovered shall be 
insufficient to defray such coste and expenses, the 
deficiency shall be defrayed out of any monies which 
may be from time to time provided by parliament for 
that purpose (i). 

Sect. 4. Guardians of the poor, $c. may direct 
prosecutions in certain cases,] And be it enacted, that 
the guardians, directors, wardens, governors, or over- 
seers of the poor, or parochial board, or other like 
officers having the management of the poor, or acting 

(#) This lection does not apply to the recovery of the penalty 
imposed by the preceding section, bat to the regulations issued 
by the general board of health, and published in the London 
Gazette of 4th April, 1849 ; nor does it apply to the penalties 
imposed by the Act of 1848 for neglecting to remove or abate 
nuisances when the proceedings are taken under the 1st and 2nd 
sections of that Act, or to the proceedings for their recovery. 

(h) All penalties imposed by the former Act were to be applied 
in aid of the rates or funds for the relief of the poor of the parish, 
electoral division, or place in which the penalties were incurred. 

(t) An estimate of the costs of proceedings at law of each 
public department, the expenses of which are defrayed out of the 
consolidated fund, is annually submitted to parliament; and out 
of the grant made for the expenses of the general board of health, 
these law expenses of the secretary of that board will fall to be 
defrayed. 



Ex- Officio Guardians to Act a* Justices. A 

under th4 authority of any local Act of parliament for 
the paving, cleansing, drainage, or lighting any town 
or parish, may from time to time direct any pro- 
secutions or legal proceedings for or in respect of the 
wilful violation or neglect (J) of any direction or regula- 
tion issued by the general board of health, or in Ireland 
commissioners of health, under the Nuisances Removal 
and Diseases Prevention Act, 1848, and may defray the 
expenses of such prosecutions or proceedings out of the 
funds in their hands applicable to the relief of the 
poor (k). 

Sect. 5. Ex-qfficio guardians may act as justices.] 
And be it enacted, that justices of the peace being 
ex-officio guardians of the poor may in all cases, not- 
withstanding their holding the office of guardian^ 
exercise in petty session (l) the jurisdiction vested in 



0) The 16th section of the former Act imposed a penalty of 51. 
upon any person who wilfully violated any direction or regulation 
of the general board of health, but did not provide for the case of 
a neglect to comply with those directions or regulations. It will 
be observed that the guardians, &c., are now empowered to direct 
prosecutions or legal proceedings for or in respect of the wilful viola* 
tion or neglect of any direction, &c., but nowhere is any penalty 
expressly imposed for any such wilful neglect. Any legal proceed- 
ings which the guardians may direct in respect of any such neglect 
will therefore be of no avail, unless a " wilful neglect" of the 
directions be held to be a " wilful violation" of them. 

(A) When the proceedings are taken by the guardians and 
penalties recovered, such penalties will be applied in the manner 
directed by the 11 & 12 Vict. c. 123, a. 17 ; i. e. in aid of the rates 
or funds for the relief of the poor of the parish, electoral division, 
or place in which the penalties may have been incurred. 

(I) This is similar in effect to the provision in the 5 & 6 Vict, 
c. 57, s. 15, in reference to ex officio guardians acting as justices 
of the peace at petty, special, or general quarter sessions, in cases 
in which the guardians of the union are complainants, or are 



6 12 £ 13 Vict. c. Ill, *. 6. 

them as justices of the peace under the Nuisances 
Removal and Diseases Prevention Act, 1848 (at). 

Sect. 6. Guardians of the poor, $c. may take certain 
proceedings upon the certificate of the medical or 
relieving officer."] And be it enacted, that guardians, 
directors, wardens, governors, overseers («), or parochial 
board, or other like officers having the management of 
the poor, or acting under such authority as aforesaid (o), 
upon the receipt of a certificate^) of any medical or 

otherwise interested or concerned. The jurisdiction of ex-officio 
guardians, it will be observed, is limited to "petty sessions." 
It seems doubtful whether justices can receive a complaint and 
issue a summons under the 11 & 12 Vict. c. 123, elsewhere 
than in petty sessions, and it will therefore be prudent to avoid 
such a question, by only receiving complaints when sitting in 
petty sessions. 

(m) See sections 1, 2, 3, 4, 16, and 17, of 11 & 12 Vict. c. 123. 

(n) In reference to the powers expressly given to "overseers" 
by this clause in regard to the removal of nuisances, see note (d) 
to section 1 of 11 & 12 Vict. c. 123, page 2. The word has 
apparently been introduced to remedy the defect in the former 
Act in reference to the removal of nuisances existing in parishes 
and places not in union under the poor law board, or in which 
there are no town councils, trustees, or commissioners of drainage, 
Sec. or commissioners of sewers. 

(o) Note that it is only the guardians, directors, wardens, 
governors, overseers, or parochial board, or other like officers 
having the management of the poor, or acting under such autho- 
rity as aforesaid (that is, under the authority of any local Act of 
parliament for the paving, cleansing, drainage, or lighting any 
town or parish), that can, upon the certificate of a medical officer 
or relieving officer, compel the removal of a nuisance. When 
proceedings are taken by the town council, or commissioners of 
sewers, or trustees or commissioners for managing or directing 
the police, the notice signed by two or more inhabitant house- 
holders of the parish or place to which it relates is still necessary. 

(p) This certificate need not be in the form contained in sche- 
dule (A) to the 11 & 12 Vict. c. 123 ; but all the other proceedings 



Payment of Expenses* 7 

relieving 1 officer of the union or parish for which any 
such guardians, directors, governors, overseers of the 
poor, or parochial board, or other officers, act, stating 
the existence of any of the cause or causes of complaint 
specified in the sections numbered I. and II. in the 
copies of the Nuisances Removal and Diseases Preven- 
tion Act, 1848, printed by her Majesty's printers, or in 
Ireland upon the receipt of a like certificate of any 
such medical or relieving officer, or of any two con- 
stables of the constabulary force of the district or place 
or of any two constables of the Dublin police within 
the Dublin police district, shall take all such pro- 
ceedings as by the said sections respectively are re- 
quired to be taken upon the receipt of a notice in 
writing signed by two inhabitant householders, and in 
the same manner (as nearly as may be) as if such 
notice had been given. 

Sect. 7. Guardians of the poor, $c. may defray 
certain expenses without an order of justices, sheriff, or 
magistrates.'] And whereas it is enacted by the 
Nuisances Removal and Diseases Prevention Act, 
1848, that all costs and expenses reasonably incurred 
in carrying into effect certain provisions therein con* 
tained, and not recovered from any owner or occupier 
of the premises in respect of which such expenses shall 
have been incurred, shall, upon an order in writing, 
specifying the sum to be paid, under the hands and 
seals of two justices, or in Scotland under the hands of 
the sheriff or magistrate, or two justices, be retained, 
paid, or defrayed by the treasurer of the guardians of 

must be in conformity with the mode of procedure required by 
that Act, and those proceedings may be taken by the committee 
of guardians, &c. appointed either temporarily or permanently in 
that behalf. 



8 12 £13 Ft*. * 111, 4 7. 

the poor, or parochial board, or by the overseers of the 
poor or other proper officers, oat of the funds in their 
hands applicable to the relief of the poor ; and it is 
expedient that such costs and expenses should be re-* 
tained, paid, and defrayed in certain cases without an 
order of justices, sheriff, or magistrates : 

Be it therefore enacted, That whenever any such 
costs and expenses shall have been or shall be reasonably 
incurred by any guardians, directors, wardens, gover- 
nors, overseers of the poor, or parochial board, or other 
like officers having the management of the poor (q), and 
the same shall not have been recovered from the owner 
or occupier of the premises in respect of which such 
costs and expenses shall have been incurred, such costs 
and expenses may, where an order shall have been made 
tyr the justices for the removal or abatement of the 
nuisance (r), or in any case where the amount shall not 
exceed twenty shillings (*), be retained, paid, and de- 
frayed by the treasurer of such guardians, tir by such 
directors, wardens, governors, overseers, or parochial 

(q) This, it will be observed, applies only to the payment of 
costs incurred by the guardians, &c. and parochial authorities, and 
not to costs incurred by town councils and commissioners of 
sewers, or trustees or commissioners for managing or directing 
the polioe. An order of justices wifi therefore still be necessary 
when the costs have been incurred by the last-mentioned class of 
local authorities. 

(r) When the costs exceed twenty shillings, and an order has 
not been made by the justices for the removal or abatement of the 
nuisance, the guardians, directors, &c. cannot defray them out of 
the funds m their hands applicable to the relief of the poor without 
an order of justices. In such cases, the payment of the costs out 
of the poor-rates must be authorized by the justices in the manner 
directed by the 4th section of the 1 1 & 12 Vict. e. 129. 

($) When the costs are to be paid by the treasurer, the proper 
course will be for the guardians to draw a cheque upon that officer 
for the amount. 



Power to Charge Expenses on Parish. ( 9 

hoard, or other like officers, (as the case may be,) out 
of the funds in their hands applicable to the relief of 
the poor, without the order of any justice or justices of 
the peace, anything in the said Act to the contrary not- 
withstanding, and be charged as in the said Act 
directed (£)• 

Sect. 8. Guardians of unions or parochial boards 
may charge expenses of removing nuisances on parish, 
fyc. where premises situated.] And be it enacted, that 
where the guardians of a union or parochial board, 
shall in the execution of any order or regulation of the 
board of health issued under the authority of the said 
herein-before mentioned Act, expend any money in the 
removal or abatement of a nuisance, from any private 
premises or land, or from any public place they may 
if they think fit (u) charge the same (v) 9 where the ex- 
penses do not exceed twenty shillings, to the parish or 
place, or electoral division in the union (w) or comhi* 

(t) Namely, to the parish, electoral division, or place maintaining 
its own poor, in which the premises in respect whereof such costs 
and expenses shall have been incurred are situated. 

(u) If the guardians do not think fit to charge the expenses, to 
the particular parish, they must of course charge them to the 
common fund of the union as heretofore. 

(v) Under the former Act, the expenses incurred by the guar- 
dians and parochial boards in carrying into execution the orders 
and regulations of the general board of health, were to be defrayed 
out of the funds of their respective unions, parishes (i. e. single 
parishes in which relief to the poor is administered by a board of 
guardians), or combinations— so that these expenses were a charge 
upon the common fund of the union or combination, notwith- 
standing that they might have been incurred for the benefit of a 
particular parish only ; but now these expenses may* in certain 
cases, be charged to the parish instead of to the common fund, 

(to) These words " or electoral division in the union" appear to 
refer to the electoral divisions of unions in Ireland, and are im- 
properly introduced here. The authority of the general board of 

b3 



10 12 # 13 Vict. c. Ill, s. 8. 

Nation wherein the premises shall be situated in respect 
whereof such expenses shall have been incurred, and 
where they exceed twenty shillings, and the guardians 
or the majority of the guardians, if more than two 
guardians of such parish, electoral division or place, 
object in writing to the said expenses being so 
charged (a?), then only upon an order in writing under 
the hands and seals of two justices, or in Scotland 
under the hands of the sheriff or magistrates, or two 
justices, who are hereby required to make such order (y) 

upon application on behalf (z) of such guardians. 

■ ' ■ ■ 

health does not extend to Ireland ; and as the clause relates to the 
rales and regulations of that board only, and not to the rules and 
regulations of the commissioners of health in Ireland, it follows 
that in Ireland the expenses to -which this clause has special refer- 
ence must still be defrayed out of the common fund of the union. 

(x) In most cases this objection will be made at a meeting of 
the guardians, but it need not necessarily be so made — it will be 
sufficient if a written paper signed by an absolute majority of the 
elected guardians of the parish, objecting to the expenses being 
charged upon the parish, be sent in to the clerk of the union as 
the officer of the guardians — and it would seem that the objection 
should be made before, the expenses are actually charged to the 
parish in the minute book of the guardians. 

(y) It will be here remarked that the making of this order is a 
ministerial act of the justices, which the Act in terms makes it 
imperative upon them to make upon the application of the guar- 
dians ; so that practically, if the majority of the guardians resolve 
to charge the expenses to a particular parish, the guardians of that 
parish, if in a minority, appear to have no power to prevent them 
ultimately from doing so. 

It is difficult to see what the framers of the Act intended to 
effect by this section ; but in case such an application should be 
made to justices, it would be advisable for such justices, in all cases, 
to summon the dissentient guardians, to show cause why the order 
should not be made, and should they show sufficient grounds the 
order may very safely be refused by the justices. 

(z) The clerk will be the proper officer to make the application 
ob behalf of the guardians. 



Burial Grounds. 11 

Sect. 9. General board of health may cause inquiry 
to be made into state of burial grounds.] And be it 
enacted, that it shall be lawful in England or Wales 
for the general board of health, and in Ireland for the 
commissioners of health, to cause inquiry to be made 
by a superintending inspector, or by such other ways 
and means as the general board of health or such 
commissioners may deem fit to direct, into the state of 
the burial grounds in any part of England or Wales 
excepted (a) from the powers of the Public Health 

(a) The following are the places excepted from the powers of 
the Act referred to : — 

1. The city of London, and the liberties thereof. 

2. The parts within the limits of certain commissions of sewers 

bearing date at Westminster, the 30th of NoTember, 1847 ; 
also the parts within the limits of a certain other commis- 
sion of sewers, bearing date at Westminster, the 4th of 
December, 1847.— Mr. Lawes, in his edition of the Public 
Health Act, 1848, describes the limits of these several 
commissions thus:—- In the Tower HamleU commission, 
—"the limits of the Tower Hamlets (excluding Saint 
Catherine's and Blackwall Marsh), in the county of Mid- 
dlesex," and " the borders or confines of the same ; " in the 
Saint Catherine's Commission, — "the precinct of Saint 
Catherine (exclusive of the Tower Hamlets and the liberties 
thereof), in the county of Middlesex," and " the borders or 
confines of the same;" in the Poplar and Blackwall com- 
mission,—" the limits of and between Iimehouse and Black- 
wall, in the several parishes of All Saints Poplar and Saint 
Anne, in the county of Middlesex, called Poplar Marsh, 
otherwise Stebunheath Marsh, in the said county, siding to 
the river Thames, opposite to Deptford and Greenwich 
marshes, in the county of Kent," and " the borders or con- 
fines of the same; in the Holborn and Finsbury commission, 
— "the limits of the Holborn and Finsbury divisions, the 
parish of Saint Leonard, Sboreditch, and the liberty of Norton 
Falgate, in the county of Middlesex," and " the borders or 
confines of the same; in the Westminster commission, — " the 
limits of the parishes of Hampton, Teddington, Twickenham, 



12 12 Sf 13 Viet 6. Ill, s. 9. 

Act, 1848, or in any populous city, town, o* place in 
England or Wales to which for the time being the 
said Act has not been applied, (b) or in any populous 
city, town, or place in Ireland (e). 

Isleworth, Hanwell, Brentford, Acton, Eating, Hammer- 
smith, Fumam, Kensington, and Chelsea, in the county of 
Middlesex." "the city and liberty of Westminster and 
precincts of the same, and to Temple Bar, within the said 
county, and from thence to and within the parish of Saint 
Giles-in-tbe-Fields and Saint George Bloomsbury, Saint 
Pandas, Saint Mary-le*bone, Hampstead, Willesden, and 
Paddington, and so to the river Thames, m the county 
aforesaid," and the borders or confines of the same ; u in 
the Surrey and Kent commission, — " the limits of the district 
extending from East MouMsey, in the county of Surrey, to 
RaTeasbourne, in the county of Kent," and "the borders 
or confines of the same ;" tn the Greenwich commission,— 
"the limits extending from the head of the river Ravens- 
bourne to Lombard's Wall," in the county of Kent, and 
" the borders or confines of the same." 
S. The parts subject to the jurisdiction of the commissioners 
acting in the execution of the 6 Geo. 4, c. 100, for (amongst 
other things) more effectually, paving, lighting, watching, 
cleansing and regulating the Regent's Park, and in the exe- 
cution of the several Acts for extending the jurisdiction of 
such commissioners. 
(b) With reference to burial grounds within districts in which 
a local board of health has been established, see the Public Health 
Act, 1848, ss. 8, 88— which empower the general board of health 
to cause inquiry to be made by a superintending inspector into 
the state of such grounds— and when they are found to be in such 
a state as to be dangerous to the health of persons, living in the 
neighbourhood of them, to certify the same in the London Gazette 
and m some one or more of the public newspapers usually cir- 
culated within the district,— and after the day to be named in 
such certificate, it shall not be lawful to bury or permit or suffer 
to be buried any further corpses or coftns in, within, or under the 
ground, church, or place of worship, to which the certificate 
relates. 

(e) Note that the powers of the general board of health in 
respect to burial ground* do not extend to Scotland. 



Burial Grounds. 13 

•And may direct measures of precaution.] And if it 
appear to the general board of health or the said com* 
missioners that any such burial ground is in such a 
state as to be dangerous to the health of the persons 
living in the neighbourhood thereof, it shall be lawful 
for the said, general board of health, in England and 
Wakey under the seal of the said board, and under 
the hands af two or more members thereof, and the said 
commissioners of health in Ireland, under the hands of 
two or more of them, to issue such orders as the said 
board or commissioners respectively may think fit for 
the application of such disinfecting substances/ (d) and 
for the adoption of such other measures of precaution 
in relation to the premises, as may, in the opinion of 
the said board or commissioners of health, tend to lessen 
or remove the danger to health. 

Churchwardens to carry out orders of general board 
of healthy and pay expenses out of poor-rate.] And the 
churchwardens and other persons having the care and 
control of the burial grounds to which such orders shall 
relate shall do all such works and matters in relation 
thereto as by such orders may be directed, and all 
expenses incurred in the execution of such orders shall 
be defrayed out of the poor rates of the parish (e). 

Limitation of powers of general board of health to 

(d) See note (p) to edition of former act, page 27, for a descrip- 
tion of the disinfecting properties of Sir Wm. Burnett's patent 
fluid. 

(e) If the churchwarden (he being ex qjfleio an overseer of the 
parish) have in his custody any money collected from the poor* 
rate, he will be entitled to apply that money in payment of these 
expenses ; but If he has no such parish moneys in his custody, 
his proper course will be, to certify on the face of tbe bill that it 
was incurred in pursuance of an order of the general board of 
health in that behalf, and then apply to his co-overseer to pay 
the expenses out of such parish moneys as he may have in his 
possession* 



14 12 £ 18 Vict. e. Ill, s. 10. 

make orders.] Provided always, that no such order as 
aforesaid shall be made after the end of the next session 
of parliament. 

Sect. 10. Where churchyard is dangerous to health, 
churchwardens may agree for the burial of parishioners 
in the ground of any cemetery company or in the burial 
ground of any other parish.] And be it enacted, that 
where it appears to the general board of health, or the 
commissioners of health in Ireland, that the church- 
yard or other burial ground of any parish is dangerous 
to health as aforesaid, and that temporary provision for 
interment elsewhere is urgently required, the church- 
wardens of such parish, with the consent of the bishop 
of the diocese (/), and the approval of such general 
board of health, or commissioners of health in Ireland, 

(J) The agreement is not to be made without the consent of the 
bishop of the diocese, but the consent of the incumbent of the 
parish is not necessary. Doubtless the bishop, before he gives his 
consent to the burial of the parishioners elsewhere than in the 
parish churchyard, will require that the fees which the incumbent 
would have been entitled to had the burial taken place in the 
churchyard, shall continue to be duly paid to him by one or other 
of the parties to the agreement. But if the agreement be with 
the minister and churchwardens of another parish, inasmuch as 
the minister of that parish would in ordinary cases be entitled to 
more than the customary fee payable on the burial of a parishioner, 
he will hardly be disposed to forego the customary fee in favour 
of the minister of the parish from whence the body was removed 
for burial. Again, if the agreement be made with a cemetery 
company, it will be a question whether the churchwardens or the 
executors, or parties who are at the charge of burying the body 
of the deceased party, are to pay the charge of the company for 
breaking the ground, and also whether the executors or such parties 
could be compelled to pay such a charge, as by the custom of 
England nothing is payable on the burial of a parishioner in his 
own parish churchyard for breaking the ground. But the church- 
wardens may agree with the company that the customary fee 



Burial Grounds. 16 

shall, if possible, either agree with any cemetery com- 
pany for the burial in the ground of such company of 
the bodies of persons having right of burial (g) in the 
churchyard or other burial ground of such parish, or 
agree for the burial of such bodies in the churchyard 
or burial ground of any other parish of which the 
minister and churchwardens may consent thereto (h), 
and make all proper arrangements in relation to 
such burials : 

Agreement to be submitted to vestry.] Provided 
always, that where any such agreement as aforesaid 
shall be proposed to be made by the churchwardens 
of any parish, such churchwardens shall submit such 
proposed agreement to a meeting of the vestry, or 
persons having the powers of vestry, in such parish, 
and if the majority of persons assembled at such 
meeting shall disapprove such agreement the church- 
wardens shall not proceed therewith. 

Payment of Expenses.'] And the expenses incurred 
by such churchwardens in relation to such agree- 
ment, and in carrying the same into effect (i), shall be 
paid out of the poor rates of their parish. 

which would be payable to the minister of the parish if the burial 
took place in the parish churchyard, shall, notwithstanding the 
burial in the cemetery, be paid by the company to the minister. 

(g) By the custom of England, every person has a right of burial 
in the churchyard of the parish where he may die, and that right 
does not in any way depend upon the person having a legal settle- 
ment in the parish. 

(A) Ordinarily a dead body may be buried in the churchyard of 
another parish than the one wherein the death may have taken 
place, if the consent of the minister and churchwardens be ob- 
tained, but not otherwise. 

(t) It is presumed that these words are intended to authorize 
the payment out of the poor-rates of any sum which may be 
agreed to be paid to the cemetery company, or to the other parish 
for the use of the cemetery or burying ground, and also the 



16 12 # 13 Vict. e. Ill, s. 11. 

Limitation as to time when agreement maybe made.] 
Provided also, that no such agreement as aforesaid shall 
be made after the end of the next session of parlia- 
ment ( j). 

Sect. 11. General board of health may direct in- 
quiries, where it may be expedient to prohibit interment] 
And be it enacted, that where upon any such inquiry 
as aforesaid it appears to the general board of health 
that the state of the burial grounds in any parish, or 
in any parishes which may be conveniently united for 
the purposes hereinafter mentioned, and the circum- 
stances of such parish or parishes render it expedient 
for the protection of the public health, that interments 
should be prohibited in such parish or parishes, except 
as after mentioned, and that a burial ground or burial 
grounds should be provided for such parish, or for the 
common use of such parishes, the general board of 
health may direct a superintending inspector to make 
inquiry, in the manner directed by the Public Health 
Act, 1848, (h) or as near thereto as circumstances will 

expenses which the churchwardens may be put to in making "all 
proper arrangements in relation to such burials." If so, the inten- 
tion might have been more definitely expressed ; and it would seem 
that the expenses in relation to the agreement are to be paid out 
of the poor-rates, whether the agreement is confirmed by the 
vestry or not. 

0) But this will not affect agreements which have before that 
time been entered into, which will be binding upon the respective 
parties for the period over which they may be made to extend. 

(ft) Before proceeding with the inquiry, the inspector must give 
{fourteen days' notice of his intention to make the same, and of 
the time and place at which he will be prepared to hear all persons 
desirous of being heard before him upon the subject of the inquiry, 
by advertisement in some one or more of the public newspapers 
usually circulated in the parts to which the inquiry will relate ; 
and by causing such notice to be affixed on the doors of the prin- 



Burial Grounds. 17 

permit, into all the circumstances connected with the 
paroohial and other burial grounds of such pariah or 
parishes, and as to the place or places in which an y 
burial ground or burial grounds might be provided, 
either within or beyond the limits of such parish or 
parishes, and as to the means which might be provided 
for the conveyance of bodies for interment, and any 
other arrangements which might be practicable for 
facilitating the convenient interment of bodies in the 
burial ground or burial grounds to be so provided, and 
as to the rights in any burial ground in such parish or s 
parishes, not being a parochial burial ground, which 
might be affected by the prohibition of interments in 
such parish or parishes, and as to the proportions in 
several parishes (if more than one) should contribute to 
the expense of providing and maintaining a common 
burial ground or common burial grounds for such 
parishes, and into such other matters as the general 
board of health may think necessary for the purpose of 
enabling them to judge of the propriety of framing a 
scheme (I) to be submitted to parliament as hereinafter 
mentioned, and of the provisions which should be 
inserted therein. 

Superintending inspector to report result of his 
inquiries.] And such superintending inspector shall 
report in writing, in such manner as the general 
board of health shall direct, the result of his inquiries 
in relation to the premises. 

Sect. 12. Upon report, board of health may frame 

dpal churches, chapels, public buildings, and places where public 
notices are usually affixed within such parts, and in such other 
manner as may appear to the inspector to be necessary. 

(I) As 'to the points which the scheme is to embrace, see 
section 12. The '' scheme," it will be observed, will have no force 
or effect in law until it is confirmed by parliament 



18 12 £ IS VuA. e. Ill, s. 12. 

a scheme for providing new burial grounds.'] And be it 
enacted, that upon the presentation of such report the 
general board of health shall cause a copy thereof to 
be transmitted to the bishop of the diocese, and copies 
thereof to be published, in such manner as they may 
direct, in the parish or parishes to which such report 
relates, and to be deposited with the minister and with 
the churchwardens of such parish or each of such 
parishes. . 

And the general board of health shall receive all 
such statements in relation to the matter of such 
report as shall be delivered within a time to be limited 
by the said board in this behalf, and may, where they 
think fit, cause further inquiry to be made in relation 
to the matter of such report. 

And if after such inquiry and report, or further 
inquiry as aforesaid, it appear to the said board 
expedient so to do, they may frame a scheme in 
which shall be set forth such provisions as to the 
said board under the circumstances of each case 
may appear proper for providing a burial ground 
or burial grounds for such parish or parishes as 
aforesaid, either within such parish or any of such 
parishes, or beyond the limits thereof, as the case may 
appear to require, to be in law the burial ground for 
the parish or for each of the parishes for the common 
use of which the same is or are provided, and for the 
maintenance and due management and control of such 
burial ground or burial grounds. 

For securing to the ministers and others having rights 
in respect of burials in the burial grounds in which 
interment is to "be prohibited compensation by like 
rights in respect of burials in the burial ground or 
burial grounds proposed to be provided or otherwise, 
and for providing and securing rights in such burial 



Burial Grounds. 19 

ground or burial grounds in substitution for other 
rights (which in the opinion of the board may require 
to be compensated) in grounds in which interment is 
to be prohibited. 

For the election or appointment of persons to enter 
into contracts for providing such burial ground or 
burial grounds, and to maintain and manage the 
same. 

For facilitating the conveyance of the bodies of the 
dead from the place of death to such burial ground 
or burial grounds. 

For determining the proportions in which the expense 
of providing, maintaining, and managing such burial 
ground or burial grounds, where the same is or are 
provided for the common use of any parishes, shall be 
defrayed by such parishes respectively. 

For prohibiting, after such burial ground or burial 
grounds shall be provided, interment in such parish 
or parishes, except in such cases as it may appear to 
the said board may be specified and excepted. 

And generally for and concerning all matters in 
relation to such burial ground or burial grounds as 
aforesaid^ and the arrangements consequent upon the 
prohibition of interments as aforesaid. 

Provision for approval of bishop of diocese.] 
Provided always, that all provisions which shall be set 
forth in such scheme concerning the consecration of the 
burial ground or burial grounds to be provided, and 
concerning the burial of members of the united church 
of England and Ireland, and the compensation to be 
provided for rights in respect of burials and other rights 
of ministers of the said united church which may be 
affected by the prohibition of interment in parochial 
and other burial grounds, be approved by the bishop of 
the diocese. 



SO 12 $ ia Viet. c. Ill, ss. 13, 14. 

Presentation of scheme and reports to parliament.] 
Prorided also, that such scheme, with the reports of 
the superintending inspectors in relation to the matters 
thereof, shall be presented to both houses of parlia- 
ment forthwith after the framing thereof, or, if parlia- 
ment be not then sitting within fourteen days after 
the next meeting thereof. 

Sect. 13. Short title of this Act.] And be it enacted, 
that in citing this Act in any Aot of parliament, deed, 
instrument, or other proceeding it shall be sufficient to 
use the words "The Nuisances Removal and Diseases 
Prevention Amendment Act, 1849." 

Sect. 14. Aet may be amended, £c] And be it 
enacted, that this Act may be amended or repealed 
by any Act to be passed this present session of 
parliament. 



Schedule. 21 



SCHEDULE 

TO WHICH THIS ACT REFERS. 



Form of Summons. 

We, the general board of health, [or we, whose names are 
hereunto set, being two of the members of the board of 
health,] do hereby summon and require you personally to 

appear before the general board of health, at , in the 

parish of , in the county of , on next, the 

day of , at the hour of in the noon of the 

same day, and then and there to be examined, and to testify 
the truth touching certain matters with respect to which 
the board is authorized to inquire. 

Sealed with the seal of the general board of health, [or 
given under our hands and seals, and the seal of the general 

board of health,] this day of , in the year of our 

Lord one thousand eight hundred and • 



INDEX. 



• PAGE 

Act incorporated with former Act 1 

Agreements for burial of dead, when churchyard dangerous to 

health -14 

to be submitted to vestry ----- 15 

payment of expenses ------ 15 

limitation of time for making - - - - 16 

Application of penalties -------4 

B. 

Bishop of diocese, consent of, to agreements for burial of 

.dead --------14 

approval of, to scheme for provision of new burial 
grounds -------19 

Burial of parishioners when churchyard dangerous to health 14 
Burial grounds, measures of precaution to be taken as 

directed by general board of health - 13 

inquiry to be made into state of, in certain cases - 11 
expenses of churchwardens, to be paid out of poor 
rates - - . - - - - - -13 

orders of general board of health as to, to be carried 
out by churchwardens ----- 13 

inquiry into state of - - - - - - 16 

scheme for providing new, to be framed by general 
board of health 18 

C. 

Cemetery company, agreements with, for burial of dead - 14 

Certificates of existence of nuisance ----- 6 
Churchwardens, to carry out directions of general board of 

health as to burial grounds - - - - 13 
to make agreements for burial of the dead when church- 
yard dangerous to health - - - - 14 
to submit agreements for burial of dead to vestry - 15 



24 Index. 

PAGB 

Constables of constabulary force in Ireland, certificate of 

existence of nuisance ..... 7 

Churchyard dangerous to health, course of proceeding - 14 

D. 

Directions of general board of health, prosecutions for vio- 
lating or neglecting - - - - - 3, 4 

Dublin police, certificate of constables of, as to nuisance - 7 

£. 

Bx-officio guardians, power to act as justices ... 5 

Expenses, of prosecutions, payment of 5 
payment of, in certain cases, without an order of 

justices -..-...7 

power to charge, to parish benefited 9 

incurred in regard to burial grounds, payment of - 13 

G. 

General board of health, power to summon witnesses } 

secretary may prosecute in certain cases ... 3 
prosecutions for violating or neglecting directions of - 3, 4 

to inquire into state of burial grounds - - - 11 

may direct measures of precaution as to burial grounds 13 

to direct inquiry when expedient to prohibit interments 16 

power to frame scheme as to burial grounds - s - 17 

Guardians may pay expenses in certain cases, without -an 

order of justices ...... 7 

power to charge expenses to parish benefited - -9 

may direct prosecutions in certain cases 4 

may act on certificate of medical or relieving officer - 6 

I. 

Inquiry into state of burial grounds - 11 

Incorporation of Act with former Act 1 

J. 

Justices, ex-officio guardians may act as - • - 5 

M. 

Medical officer, to give certificate of <«<*«■*« of anjaaoce • - 6 



Indei. 25 

PAGE 
O. 

Overseers may direct prosecutions in certain cases - - 4 
may act on certificate of medical or relieving officer - 6 
payment of expenses in certain cases, without an order 
of justices -------7 

P. 

Parishioners, burial of, when churchyard dangerous to health 14 
Parliament, scheme for establishment of new burial grounds 

to be presented to- - - - - -20 

Parochial board may direct prosecutions in certain cases - 4 
may act on certificate of medical or relieving officer - 6 
payment of expenses in certain cases, without an order 
of justices -------7 

power to charge expenses to parish benefited 9 

Parochial burial grounds, inquiry into state of - - - 16 
Payment of expenses in certain cases, without an order of 

justices ------- t 

Penalties ---------2 

application of -------4 

Poor-rates, expenses of churchwardens as to burial grounds 

to be paid out of - - - - - - 13 

expenses attending agreements for burial of dead to 
be paid out of ------ 15 

payment of expenses out of, in certain cases, without 
an order of justices ----- 7 

Prosecutions by secretary of general board of health 3 

by guardians, &c. -.-----4 

payment of expenses of - - - - - -5 

R. 

Relieving officer to give certificate of nuisance 6 

Reports of superintending inspectors to be presented to par- 
liament --»-.- -20 

S- 
Schedule — form of summons ------ 21 

Scheme, of general board of health, as to new burial grounds 18 
as to new burial grounds, to.be presented to parlia- 
ment - - - - - -.- -20 

c 



36 Index. 

PAGE 

Secretary of general board of health, may prosecute in certain 

cases --------3 

Summons, form of- - - - - - . - -21 

Superintending inspector to inquire into state of burial 

grounds ------ 11, 16 

T. 
Title of Act - - - - 20 

« 

V. 

Vestry, agreeements for burial of dead to be submitted to - 15 

W. 

Witnesses, power to summon ------ l 

penalty for not appearing when summoned 2 



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In 2 Vole. Demy Bvo. 600 Pagee each, beautifully printed, 

The HISTORY of the ROMAN EMPERORS, 

from Augusta* to the Death of Marcos Antoninus. By the late 

Key. Robert Lynam, M. A. of Trinity College, Cambridge. 

This important Work will connect the Htrtoriee of the Roman Republic, 
and the Decline and Pall of the Roman Empire: §o long a desideratum 
in English literature. 



In the Press, the Third Edition of 

DEACON'S LAW AND PRACTICE OP 

BANKRUPTCY, with a Collection of Forms, Precedents, and 
Practical Notes. By John db Gbx, Esq. Barrister at- Law. 



% In the Preee, the Third Volume of 

ARCHBOLD'S SUMMARY of the LAWS of 

ENGLAND— On ECCLESIASTICAL and PARLIAMENTARY 
LAW. By John Fbbdbrick Abohbolb, Esq. Barrister-at- 
Law. • 

%* This Work will be completed in 4 volumes. Erery volume will be 
perfect in itself. 



Law Booksellers and Publishers. 



Blank ^rortrcnte 

UNDER THE ACT 11 & 12 VICTORIA, Cap. 123. 

A. Notice by Householder. 

B. Summons to appear. 

C. Order for Removal of Nuisances. 

D. Order to permit execution of Works by Owners. 
E« Notice by a Committee of a Town Council, Ac. 

to the Owner or Occupier of Premises com- 
plained of, as being in a filthy and unwhole- 
some condition, that they will enter into and 
examine the state of the same. 

F. Complaint to a Justice that certain Premises are 
in a filthy and unwholesome condition, in order 
to obtain a Summons against the Owner or 
Occupier* 

6. Medical Certificate. 

H. Register Book of Nuisances, 4to. dble medium, 
naif-bound, 20*. 

I. Certificate of Medical Officer. 

J. Notice of Entry by Public Authorities. 

K. Information, under s. 1. 

lu Summons to the Defendant, under *. 1. 

M. Order for Payment of Money, to be levied by distress, 
and in default of distress, imprisonment, under 
s. 17. 

N. Warrant of Distress upon an Order for the Payment 
of Money, under «. 17. 

NEW FORMS UNDER THE NUISANCES REMOVAL 

AMENDMENT ACT, 1849, 
12 & 13 VICTORIA, CAP. 111. 

A. 1. Certificate by Medical or Relieving Officer of 
existence of Nuisance, under s. 6. 

E. 5. Notice by a Committee appointed for the purpose, 

to the Owner or Occupier of Premises, that 
they will enter into and examine the same ; 
under s. 1. 

F. 6. Complaint by a Committee to a Justice that cer- 

tain Premises are in a filthy, &e. condition 
to obtain a Summons against the Owner or 
Occupier, under s. 1. 
J. 10. Notice of Entry by Public Authorities. 



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Just Published, price 8*. Second Edition. 

THE ACTS FOR PROMOTING TBI 
PVBUC HEALTH, 1848 and 184*, 

WITH NOTES, AN ANALYTICAL INDEX, 

AND 

THE NUISANCES REMOVAL AND DISEASES 
PREVENTION ACTS, 1848 and 1849; 

60MB ADDITIONAL FORMS, AND A TABLE OF RATES 
LBVIABLE UNDER THE PUBLIC HEALTH ACTS. 

By EDWARD LAWES, Esq. Barrister-at-Law. 



This day is Published, price 8*. Third Edition. 

THE NUISANCES REMOVAL AND DISEASES 
PREVENTION ACTS, 1848 and 1849; 

(11 & 12 Vict. c. 123 ; 12 & 13 Vict. c. Ill), 

WITH PRACTICAL NOTES AND APPENDIX, 

CONTAINING 

THE DIRECTIONS AND REGULATIONS OF THE GENERAL' BOARD 

OF HEALTH, WITH INDEX. 

By WILLIAM CUNNINGHAM GLEN, Esq^ 

BARRISTHR-AT-LAW. . 



This Day is Published, price Is. 

GLEN'S NUISANCES REMOVAL 

AND 



PREVENTION AMENDMENT ACT, 1849, 

WITH 

PRACTICAL NOTES AND INDEX. 

BY 

WILLIAM CUNNINGHAM GLEN, Esq. 

BARRISTER-AT-LAW. 



In the Press, and shortly uriU be published, 

TBS LOCAL BOARD OF HEALTH 
ELECTION MANUAL. 

By W. G. LUMLEY, Esq. Barrister-at-Law, 

AND ASSISTANT SECRETARY OF THE POOR LAW BOARD.